Showing : 21-30 of 137 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 17, Rule 1-- Striking of defence - Application for closing evidence of defendants was dismissed - Trial Court has already ordered to expedite disposal of suit and granted two effective opportunities to defendants for concluding cross examination of witnesses examined by plaintiff and granted three..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 17, Rule 1-- Adjournment - Despite a passage of six years petitioner not able to complete his evidence even when afforded more than ample opportunities - Dismissal of application for adjournment and closure of evidence, held, proper - Contention of petitioner that last opportunity be granted subject to heavy..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 17, Rule 2(e)-- Scope - Provision of O.17.R.2(e) CPC should be adopted when Court is satisfied that there has been extra ordinary negligence or casual approach on the part of opposite party indicating intentional evasive approach in examination or cross-examination of witness present in Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 17, Rule 1- - Adjournments not beyond three times is salutary so long as the parties would stick to schedule - Provision is purely directory and an exhortation that unnecessary adjournments shall not be taken in Court - Court cannot merely close the evidence because three opportunities have been exhausted - It..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 17, Rule 1-- Adjournment - Illness of defendant's advocate not disputed - Second adjournment was refused although good and sufficient grounds were disclosed - Shutting doors for all times to come to lead evidence in defence is arbitrary, illegal and punitive - Adjournment allowed...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 17, Rule 2-- Dismissal in default - In absence of plaintiff and his counsel, and in absence of any evidence by parties, Court ought to have dismissed suit in default U.O.9.R.8 CPC with reference to O.17.R.2 CPC and not on merits...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 17, Rule 1-- Adjournment - Scope - Court should not normally grant adjournments after three opportunities have been given to parties except in very exceptional circumstances - Court can always resort to granting exemplary costs to ensure adjournments are not sought on flimsy and untenable grounds...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 17, Rule 2, 3-- Closure of evidence - Evidence not produced despite availing three opportunities - Lis be heard and disposed of on merits without laying undue stress on procedural formalities, unless the party seeking indulgence of the Court is otherwise disentitled for exercise of judicial discretion in this..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 17-- Failure to produce any witness despite many opportunities - Closure of evidence by order - On an application filed evidence allowed to be led - Ground taken in application not supported by any corroborative material on record - In the interest of justice order allowing application not interfered..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 17, Civil Procedure Code, 1908, Order 9-- Inspite of repeated adjournments evidence not led - Evidence closed by order and suit dismissed - There is no requirement to proceed U.O.17.R.2 when a party is represented by counsel - When counsel is present it cannot be said that party is absent - Court rightly proceeded U.O.17.R.3 CPC to decide..........

Showing : 21-30 of 137 Results