Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - For setting aside an ex-parte decree, applicant must establish `sufficient cause' for non-appearance on the date of hearing - Expression `sufficient cause' cannot be stretched to accommodate sheer negligence or deliberate procrastination...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Negligence, inaction or casual attitude cannot be equated with sufficient cause...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Defendants were not serious to pursue their cause and rather they were totally negligent - On account of non-appearance on three consecutive dates, ex-parte proceedings were drawn against defendants - Even, suit was not finally decided immediately and even thereafter..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Alleged evidence sought to be produced by plaintiffs was well within knowledge of plaintiffs from the beginning - Plaintiffs were not vigilant of their rights in this regard - Even for the sake of arguments, submission of plaintiff to the effect that previous counsel had failed to lead necessary evidence, is..........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Mere fact that respondent failed to produce the required document does not take away his right to cross examination as the O.11.R.5 CPC nowhere provides that the cross examination should be taken away if there is non-compliance with the statute...........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Adverse inference being a presumption, can only be drawn at the time of trial qua the facts of each cases, as it would require evidence and appreciation of evidence, as to whether there is compliance, partial compliance or no compliance with order - The presumption of..........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - The cross examination by the party cannot be foreclosed on the basis of direction to draw adverse inference...........
Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - The presumption of adverse inference like all other presumptions, must avail the moment of judgment and not pre-empt the examination, which would be at the closure of proceedings i.e. trial...........
Civil Procedure Code, 1908, Order 11, Rule 5(4), 21 -- Production of document - Non-compliance with order - Striking off the defence can never mean striking off cross examination...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide an application U.O.7.R.11 CPC, only averments contained in plaint are to be considered...........
