Law: Civil Procedure Code (V of 1908)

Section: 12(2),8

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2), O. IX, R. 8---Bar to further suit---Procedure where only the defendant/respondent appeared---Scope---Petitioners assailed order passed by Executing Court whereby, in an application under S. 12(2), C.P.C., their evidence was discarded for non-appearance---Revisional Court dismissed the revision petition---Validity---Respondent had obtained and decree by concealment and fraud---Petitioners had only got knowledge about the proceedings on receipt of notice of the execution application---Petitioners had maliciously filed an application under S. 12(2) read with S. 151, C.P.C., against the and decree---Courts were to act in the aid of justice and no person was to be deprived of his legal rights on mere technicalities, rather the technicalities of law were to be avoided and discouraged in order to do complete justice---If a party had a case on merits then it would be within safe administration of justice to exercise discretion towards dispensation of justice and not to allow the opposite party to continue enjoying illegal gains in the name of technicalities---Constitutional petition was allowed and the…

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