Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Application to strike out defence - Notwithstanding an order passed earlier to proceed ex parte, while deciding an application for striking out defence, it was duty of Court to give an opportunity of being heard to the defendants - However, that was not done - Order striking out defendants'..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Non payment - In case proceedings are initiated by husband then Court can grant stay of further proceedings till the maintenance is paid - However, in case proceedings are initiated by wife then Court can strike off the defence of husband...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An error on the face of record must be such an error which, mere looking at the record should strike...........
Advocates/Bar Associations -- Redressal of grievances of Advocates/Bar Associations - Constitution of Grievance Redressal Committees - Directions issued viz. (i) No member of Bar can go on strike and/or abstain himself from Court working; (ii) If the member of Bar has any genuine grievance or difficulty being faced because of procedural changes in filing/listing of..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Striking off - Plaint along with all documents annexed therewith was supplied to defendant on 13 March 2020 - 30 days for filing written statement would expire in April 2020 - In view of Judgment of SC in Re: Cognizance for Extension of Limitation Suo Moto Writ petition, since the written..........
Civil Procedure Code, 1908, Section 35B -- Costs - Witness bound down subject to payment of cost - Witness appeared and was cross examined - However, no objection was raised qua non payment of cost - While imposing cost it was not mentioned as to what would be the consequences of non payment of cost - Dismissal of application to strike off defence for non deposit of cost,..........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Production of documents - Non-compliance of order - Order does not come under the purview of O.11.R.21 CPC - It is adverse inference which can be drawn in proper cases but Court cannot substitute the exercise of jurisdiction U.O.11.R.21 CPC either to strike off the defence or to dismiss the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint to strike out the name of defendant No.3 from array of parties - In case name of defendant No.3 is deleted it would lead to multiplicity of litigation - Application rightly rejected...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Power to strike off defence is not to be exercised by treating it to be a statutory mandate - It is thus, not obligatory for Court in every case to strike off defence because of some delay in deposit of admitted rent - Judge of Small Cause Court held, justified in rejecting..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Power to strike off defence is considered to be discretionary, which is to be exercised with circumspection but relaxation is reserved for a bonafide tenant and not as a matter of course...........
