Civil Procedure Code, 1908, Order 17, Rule 2 -- Proviso (d), S.35-B, Gujarat Co-operative Societies Act,1962, S.98, S.103 - Recovery proceeding - Co-operative Society case - Failure of lawyer to appeal on the date fixed - Ex parte award - Mere sending of telegram informing of his sickness without following proper adjournment procedure - Or mere filing of restoration..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Basic distinction - Under Rule 2 when any party has failed to appear at the hearing while under Rule 3 the party though present has committed any one or more of the enumerated defaults - Rules 2 and 3 operate in different and distinct sets of circumstances - Rule 2 applies when adjournment has been generally granted and..........
Civil Suit -- Speedy trial - Suit for specific performance filed in the year 1997 and proceedings still not concluded - Procedure requires that when the hearing of the suit has commenced it has to be continued from day-to-day unless the Court finds that for exceptional reasons to be recorded, the adjournment of the case beyond the following day is necessary - Trial Court..........
Agreement to sell -- Suit for specific performance - Plea that agreement was not intended to be a real sale agreement and it was only a security for the loan - Defendant could not lead any evidence as adjournment to produce the evidence was denied to him - Case remanded with a direction to the trial Court to afford opportunity to defendant to adduce evidenced in the suit..........
Civil Procedure Code, 1908, Section 35B -- Evidence not produced - Costs imposed and one adjournment granted - On the adjourned date neither evidence produced not costs paid - Evidence closed - Before imposing costs Court should give a finding that the plaintiff was causing delay in the disposal of the suit - As no such finding was given as such order of trial Court..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit fixed for plaintiff's evidence - Many adjournments granted - Plaintiff seeking adjournment for calling of documents - Declined - Held, even if application filed by plaintiff does not find favour with Court then instead of dismissing the suit for non prosecution, it would have been appropriate to adjourn on certain..........
Civil Procedure Code, 1908, Section 35B -- Date next following - Interpretation of - Means date on which case adjourned by Court for adjudication i. e. time when case taken and Court applies its mind thereto and case adjourned to next date for trial of case - Once no issue regarding costs raised till the time when Court takes up case or passed order and case adjourned for..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 9, Rule 13 -- Applicability - A case in which the defendant obtains an adjournment on the date of final hearing of the suit and fails to appear on the adjourned date would be covered by O.17.R.2 and an application U/O.9.R.13 will lie, even if the Court professes to act U/O.17.R.3. Rule 3..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 17, Rule 1 -- Non-payment of diet - money and process - fee within time allowed by Court - No ground to refuse to summon witnesses - Court can consider delay in paying diet - money and process - fee in declining to grant adjournment for producing evidence - Right of a party to obtain summonses..........
Civil Procedure Code, 1908, Section 115 -- `Case decided' - Meaning - Must affect rights and liabilities of parties - The word `Case' does not refer necessarily to the case as a whole but can include even a part of the case. Therefore, a decision on a part of the case is also revisable even though it does not dispose of the whole of the case. It is necessary, however, that..........
