Law: Code Of Civil Procedure, 1908.

Section: 96, 3, 35-A

SUMMARY

The Regular First Appeal under Section 96 read with Order XLI CPC was filed against dismissal of the appellant’s suit for recovery of damages amounting to Rs. 67,000,000/- under Order XVII Rule 3 CPC. The trial court had framed issues and repeatedly granted opportunities over a period exceeding one and a half years for production of evidence. Despite multiple adjournments, imposition of costs, and clear last-and-final warnings—recorded in the presence of the appellant—no evidence was produced. Consequently, the suit was dismissed. The appellate court held that all statutory preconditions for invoking Order XVII Rule 3 CPC were fulfilled and that the trial court had rightly exercised its penal jurisdiction. The appeal was therefore dismissed in limine.

TAG LINE

“Once a last opportunity is granted with warning, the court must enforce its order—leniency thereafter amounts to abuse of process.”

ORDER;