CiteTEXT
...the Suit. The learned Trial Court, in pursuance to the mandate of Order 10 of CPC, directed the appellants/defendants to appear in person so as to enable the Court to examine them orally. When the...appellants failed to appear in person, the learned Trial Court passed the impugned judgment on 27th of Sept'08, under Order 10 Rule 4(2) of CPC. Heard learned counsel for the...consequent judgment is also rendered illegal. Learned counsel further submitted that in terms of Rule 4(2) of Order 10 CPC, it was not mandatory for the learned Trial Judge...
...searchingly under Order 10, CPC. An activist Judge is the answer to irresponsible law suits. The trial courts would insist imperatively on examining the party at the first hearing so that bogus litigation...meaningful — not formal — reading of the plaint it is manifestly vexatious, and meritless, in the sense of not disclosing a clear right to sue, he should exercise his power under Order 7, Rule 11 CPC...frivolous and vexatious cases.2. Here is an audacious application by a determined engineer of fake litigations asking for special leave to appeal against an order of the High...
...that decree for divorce had been passed at Connecticut, U.S.A The learned Single Judge, on 9-3-2000 passed an order, directing the defendant to appear in person, under Order 10 CPC. The defendant...moved appropriate application along with an interim order before the court in America. In this background, the learned Single Judge ordered for presence of the defendant in court under Order 10 CPC. On...10 CPC would not be applicable at all and the order of the Delhi High Court in that respect is invalid. Our attention has been brought to Order 10 CPC, which reads as under...
...fulfilled. If clever drafting has created the illusion of a cause of action, the court must nip it in the bud at the first hearing by examining the party searchingly under Order 10 CPC. An activist judge is...manifestly vexatious and meritless in the sense of not disclosing a clear right to sue, it should exercise its power under Order 7 Rule 11 CPC taking care to see that the ground mentioned therein is...plaint under Order 7 Rule 11 of the Code of Civil Procedure was liable to rejection. The High Court by the impugned order passed in miscellaneous second appeal reversed the order of the first appellate...
...therein. This I.A. was filed by the 3rddefendant under Order 10 CPC to ascertain from the pleadings as to whether the suit was barred by limitation. By docket order dated 13.10.2016, the trial...Court observed that the petition under Order 10 CPC filed at that stage was not maintainable and dismissed it opining that it was devoid of merits viewed from any angle but found it fit to resolve the...." '
The learned Judge thereupon concluded that it was premature to express any opinion in this regard from the law laid down on the scope of Order 10 CPC that has to be adopted by the trial C...
....Trial Court is directed to adjourn the proceedings beyond the date fixed by this Court.”3. Perusal of the record would show that an application under Order 10 Rules 1 and 2 read...Court preferred to decide the application under Order 7 Rule 11 read with Section 151 CPC prior to decision of the application under Order 10 CPC.5. ...CPC can reject the plaint. If clever drafting has created the illusion of a cause of action, it should be nipped in the bud at the first hearing by examining the parties under Order 10 CPC. The...
.... Rule 2 of Order 10 CPC enables the court, in its search for the truth, to go to the core of the matter and narrow down, or even eliminate the controversy. Rule 2 of Order 10 reads as under...Rule 2(3) of Order 10 CPC, the court may if it thinks fit, put in the course of such examination questions suggested by either party. Rule 2(3) of Order 10 CPC reads as under....42. Section 30 CPC reads as under:‘30. Power to order discovery and the like.—Subject to such conditions and limitations as may be p...
...being of the year 1949 did not take into account the aforesaid amendment.5. Consequently, the statement under Order 10 CPC has now to be recorded under Oath.6. As far as...the option of defendant No. 1 to refuse to be examined under Order 10 CPC is concerned, this Court is of the view that the consequence for the same is provided in Order 10 Rule 4(2) of ...matter for recording of statement of defendant No. 1 under Order 10 CPC on 17 September, 2015.I.A 10097/2015 in CS(OS) 1442/2011Present application has been filed by the...
...the learned Single Judge referred to earlier order for personal appearance of the defendant No. 1/appellant herein for recording of his statement under Order 10 cpc and for non-compliance of the said...orders passed by the Court for recording his statement under Order 10 CPC before the Court, the Court directed that he should appear before the Court on the next date, i. e. , on 11. 12. 2007 for...Order 10 CPC. The Court also recorded that he had earlier failed to appear before the Court despite directions for his appearance given on 10. 7. 2007 and 3. 9. 2007. The Court considered the statement of...
...hearing, the learned Additional District Judge directed Manphool Singh and Natha Singh to appear in person on 13 July, 2009 for making statement under Order 10 CPC. Natha Singh filed application under...Section 151 CPC read with Order 10(2) CPC and Section 340 CPC seeking restoration of the suit transposing Natha Singh as the original Plaintiff in the suit and taking...statement of Manphool Singh under Order 10 CPC application of Manphool Singh under Order 23 Rule 1 CPC read with Section 151 CPC was allowed and the application under Se...
...with Order 10 CPC dated 22.10.2021 filed by the
petitioners for amendment of plaint and for impleading their sisters as
necessary party, was dismissed.
[2] At the outset...
in Civil Suit No. 3482 of 2017 in case titled as Deepak Kumar and another
vs. Prem Kumar and another whereby the application filed under Order 6
Rule 17 CPC read....
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B.S. Walia, J. (Oral)
[1] Challenge in the revision petition is to order, Annexure P/6
dated 23.09.2022 passed by the learned Civil Judge (Jr. Division), Jalandhar...
...first hearing by examining the party searchingly under Order 10 CPC. An activist Judge is the answer to irresponsible law suits. The trial courts would insist imperatively on examining the party at...said decision?10. Since the appellant herein, as the first defendant before the trial Judge, filed application under Order 7 Rule 11 of the Code for rejection of...the plaint on the ground that it does not show any cause of action against him, at the foremost, it is useful to refer the relevant provision:Order 7 Rule 11 CPC...
...
first hearing by examining the party under Order 10 CPC . The
apprehension of the petitioner is that if the interrogatories
brought on record by the applicant are not answered by the.... 3231 of 2018 was decided by this
Court on merits vide order dated 22.11.2019. It was observed
that all the issues shall be decided by the trial Court on the
basis of material to...
..., then in such eventuality, the defendant/petitioner can be relegated to the remedy of availing provision of Order 10 CPC on the first date of hearing as per law laid down in...
...created the illusion of a cause of action, as observed by this Court in a catena of decisions, the Court must nip it in the bud at the first hearing by examining the party searchingly under Order 10 of the CPC. It...illusion of a cause of action, nip it in the bud at the first hearing by examining the party searchingly under Order 10, CPC. An activist Judge is the answer to irresponsible law suits...submitted by the original defendant to reject the plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure (hereinafter referred to as the ‘CPC’), the original defendant has...
..., nip it in the bud at the first hearing by examining the party searchingly under Order 10 CPC. An activist Judge is the answer to irresponsible law suits. The trial courts would insist imperatively...in respect of 2 acres and 1¾ guntas in Surveys Nos. 22 and 23, 0.29¾ guntas in Survey No. 47/2 and 0.13½ guntas in Survey No. 48/5.10. By an order dated 18-6-1956, the trial...counter-affidavit of Respondents 10, 11, 13 and 17 under Order 7 Rule 11(d) of the Code is as under:“16. So far as Item 8 of the Schedule A, the subsequent purchases...
...application under Order 9 Rule 13 CPC seeking setting aside of the decree and also making a prayer under Order 22 Rule 10 CPC for being brought on record. Prayer was also made for condoning the delay in...under Order 22 Rule 10 CPC for being brought on record, he remains bound by the result of the suit. He must suffer the consequences of an adverse decree passed against his vendors who have not chosen to...apprising his opponent and the court of the transfer made by him nor has the transferee chosen to come on record by taking recourse to Order 22 Rule 10 CPC. In case of an assignment, creation or devolution of any interest d...
...have been decided after appreciation of evidence already on record and not summarily under Order 7 Rule 11 CPC.10. On the other hand, learned counsel appearing for the...therein is fulfilled. If clever drafting has created the illusion of a cause of action, [it has to be nipped] in the bud at the first hearing by examining the party searchingly under Order 10 CPC.”...Order 7 Rule 11(d) CPC for rejection of the plaint on the ground of suit being barred by law of limitation. Reply to the said application was filed. The trial court dismissed the suit of the appellant...
...as addition of parties under CPC is concerned, we find that such power of addition of parties emanates from Order 1 Rule 10 CPC. As we are concerned in the instant case with Order 1 Rule 10 ...us to delve in depth into the scope of Order 1 Rule 10 sub-rule (1) CPC under which only the addition of a plaintiff in the suit may be directed.6. Let us therefore...confine ourselves to the provision of Order 1 Rule 10 sub-rule (2) CPC which has already been quoted hereinabove. From a bare perusal of sub-rule (2) of Order 1 Rule 10 CPC, we find that power has...
....4. It was admitted by the appellants — this is borne out by the statement of Shri Prem Nath Trehan who was examined under Rule 2 Order 10 CPC that appellants had in their possession...stock in question otherwise than in due course of law till further orders. In the meanwhile notices of the suit as well as application under Order 39, Rules 1 and 2 CPC be issued to the defendant in...filing of PF for 8-5-1989. Compliance of Order 39 Rule 3 CPC be also made by the plaintiff.”3. Respondents moved to have this ex parte interim order vacated. Upon...