Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit still pending as other defendants were contesting the case - Court should be liberal to set aside ex parte order when suit is pending - Impugned order set aside - Defendant shall file written statement within 30 days and allowed to participate in the proceedings - In case defendant seeks..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Trial - On the day when trial Court passed order disposing of private complaints and discharging or releasing accused, case stood posted not for hearing or disposal - On contrary case stood posted for consideration of an application filed by petitioner..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Can be exercised when fraud is played upon the Court or where an order has been passed by mistake of the Court - Court by exercise of inherent powers can rectify the mistake, either by recalling the said order, or by passing any other appropriate order...........
Civil Procedure Code, 1908, Section 151 -- Withdraw of suit - Recalling of order - Validity - While making statement before trial Court, plaintiff had not set out conditions of compromise and simply stated that the matter stood settled and, therefore, it wanted to withdraw suit - Stand of plaintiff about compromise was not opposed by counsel for defendants, who was very..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 18, Rule 17 -- Production of documents and recalling of witness to prove the same - Sought at the stage when case was fixed for pronouncement of judgment - Those documents remained in exclusive possession of plaintiff - For best reasons known to him the same were not placed on record - There is..........
Civil Procedure Code, 1908, Order 32, Rule 17 -- Compromise by next friend or guardian of minor - Recalling of - When Court passed compromise decree it has made reference to the fact that it recorded statement of mother - Full compliance of statutory legal requirements while passing compromise decree - Held, compromise decree cannot be assailed on ground that it had not..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of complainant for further cross examination - Complainant duly cross-examined once - Application u/s 311 filed on account of change of counsel by petitioner - Held, this is not a ground to seek recalling of complainant for further cross-examination - Petition dismissed...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1, 3 -- Withdrawal of suit - Application u/s 151 CPC for recalling an order permitting withdrawal of suit is maintainable in the interest of justice...........
Delhi Rent Control Act, 1958, Section 25B, Civil Procedure Code, 1908, Order 37, Rule 4, Limitation Act, 1963, Section 5 -- Eviction proceedings - Bona fide need - Leave to defend - Condonation of delay - Recalling of order - Held, S.25B of DRCA which provides for summary trial of applications for eviction on ground of bona fide requirement is a code in itself - Rent..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recalling of witness - A witness can be recalled for examination or re-examination, as the case may be, by invoking the provision of S.151 of the Code since the said inherent power is not affected by the provision of O.18 R.17 of the Code...........
