Law: Civil Procedure Code (V of 1908)

Section: O.IX,R.13,O.XX,4,5,2(2)(14),96,26,O.VI,R .4,O.VII,Rr.1,11

(a) Civil Procedure Code (V of 1908)--- ----O. IX, R.13 & O.XX, R.5---Malicious prosecution---Suit for damages---Ex parte decree due to absence of defendant/his counsel/his summoned witnesses on relevant date and rebuttal of plaintiff's evidence---Order of Trial Court refusing to set aside such decree upheld by Appellate Court---Validity---Trial Court had proceeded ex parte against defendant on a date when neither he nor his counsel nor his summoned witnesses were present---Delay had not been caused on account of absence of defendant or his counsel, rather Trial Court could not proceed further on relevant date due to absence of witnesses summoned by defendant---Trial Court on relevant date could have procured attendance of defendant's counsel---No distinction existed between passed ex parte or after contest between the parties---Trial Court while passing ex parte decree had neither referred to pleadings of parties and examined same in juxtaposition of law applicable to such type of suit nor given any findings on issues over which evidence of plaintiff was available on record---Impugned decree passed in haphazard and slipshod manner without complying with provisions of S.2(2)(14) & O.XX, R. 5, C.P.C. would not be deemed to have been passed in accordance with law---Trial Court had decreed suit on sole ground that there was nothing in rebuttal---Trial Court was bound to protect interest of defendant, who had been proceeded ex parte, and before deciding suit must have gone through material brought on record by plaintiff and adjudged same according to law applicable to such type of suit---Defendant had filed appeal within time against ex parte decree, which could be treated as appeal against decree under S. 96, C.P.C.---Appellate Court despite having powers exercisable by Trial Court had failed to exercise same and decided appeal without considering merits of case---High Court set aside and decree of Appellate Court and remanded case for deciding appeal afresh after affording opportunity of hearing to parties. (b) Civil Procedure Code (V of 1908)--- ----S. 2(2)(14) & O.XX, Rr. 4, 5---Decree/order/ either preliminary or final passed either ex parte or…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492