[Summary Suit] Dismissing Application For Leave To Defend In Suit For Non-Prosecution Is Unsustainable In Law: J&K High Court
3 weeks, 5 days ago

[Summary Suit] Dismissing Application For Leave To Defend In Suit For Non-Prosecution Is Unsustainable In Law: J&K High Court

Live Law  

The Jammu and Kashmir High Court has held that if a trial court does not consider an application for leave to defend a suit filed by the defendant on merits, the impugned judgment and decree become unsustainable in law. A bench of Justice Sanjay Dhar set aside the decree and judgment passed by the trial court and remanded the matter for fresh consideration after taking into account the application for leave to defend filed by the defendant on merits and passing an order in accordance with the law. It also held that the non-consideration of the application for leave to defend the suit on its merits by the trial court definitely constitutes a special circumstance warranting the intervention of this Court. The court also observed that where such an ex-parte decree is passed, if the defendant files a first appeal and the same is dismissed, then the ex-parte decree merges with the order of the Appellate Court, and thereafter, an application for setting aside the decree would not be maintainable.

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History of this topic

If Defendant Shows Plausible Defense Under Order 37 CPC, Court Must Grant Leave Unconditionally Without Requiring Any Security: J&K High Court
1 month, 1 week ago

If Defendant Shows Plausible Defense Under Order 37 CPC, Court Must Grant Leave Unconditionally Without Requiring Any Security: J&K High Court

Live Law  

Setting aside a trial court's order that had imposed a bank guarantee condition on a defendant seeking leave to defend, the Jammu and Kashmir and Ladakh High Court reaffirmed the principle that if a defendant discloses facts that may establish a defence at trial under Order 37 CPC, leave to defend must be granted unconditionally, without requiring security or a …

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court
2 months, 3 weeks ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law  

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. The Appellants sought rejection of the said plaint by filing an application under Order VII Rule 11 of the Civil Procedure Code, 1908 on grounds that the suit was barred by limitation. However, the trial Court erroneously dismissed the …

High Court Rejects Conditional Leave to Defend for Summary Suits
5 months ago

High Court Rejects Conditional Leave to Defend for Summary Suits

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that under Order 37 Rule III of the Civil Procedure Code (CPC), courts retain the discretion to impose conditions on a defendant seeking leave to defend a summary suit. The court emphasized that this discretion is exercised based on the specific facts and circumstances of each case, and upon compliance …

In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court
7 months, 3 weeks ago

In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court

Live Law  

The Allahabad High Court has held that the term “ex-parte” in Rule 63 of the Uttar Pradesh Value Added Tax Rules, 2008 can be interpreted as for want of representation of the defendant after service of notice, the case may be decided on merits. Rule 63 of the Uttar Pradesh Value Added Tax Rules, 2008 provides that appeal must be …

O.37 R.3 CPC | Defendant Not Obliged To Apply For Leave To Defend Without Service of Summons: J&K High Court
8 months ago

O.37 R.3 CPC | Defendant Not Obliged To Apply For Leave To Defend Without Service of Summons: J&K High Court

Live Law  

Quashing an ex parte judgment passed by the 4th Additional District Judge, Srinagar, in a case where the defendant was not served with a summons for judgment the Jammu and Kashmir and Ladakh High Court has ruled that a defendant is only obligated to apply for leave to defend a suit after being served with a summons for judgment. Clarifying …

Directing Deposit Of 75% Suit Claim To Condone Delay & Set Aside Exparte Decree Unwarranted & Disproportionate: Supreme Court
1 year ago

Directing Deposit Of 75% Suit Claim To Condone Delay & Set Aside Exparte Decree Unwarranted & Disproportionate: Supreme Court

Live Law  

The Supreme Court in a recent order on deprecated the condition imposed by the High Court for the deposit of 75% of suit claim to condone delay and set aside an ex parte order. However, on September 14 2023, the Single Judge directed that the ex parte decree could be set aside upon the condition of appellant depositing 75% of …

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
1 year ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

Expedited Resolution In Summary Suits Cannot Come At The Cost Of Defendant's Fair Opportunity To Defend Himself: J&K High Court
1 year, 2 months ago

Expedited Resolution In Summary Suits Cannot Come At The Cost Of Defendant's Fair Opportunity To Defend Himself: J&K High Court

Live Law  

Shedding light on the principles governing the grant of leave to defend a summary suit, the Jammu and Kashmir and Ladakh High Court has ruled that while the objective of summary suits is to expedite commercial disputes, this cannot come at the cost of denying the defendant a fair opportunity to defend himself. Justice M A Chowdhary expounded, “.When the …

Section 8 Of A&C Objection Taken In Application For Grant Of Leave To Defend The Suit Cannot Be Considered Belated: Delhi High Court
1 year, 4 months ago

Section 8 Of A&C Objection Taken In Application For Grant Of Leave To Defend The Suit Cannot Be Considered Belated: Delhi High Court

Live Law  

The High Court of Delhi has held that an objection regarding non-maintainability of the suit due to the presence of the arbitration agreement cannot be considered to be raised belatedly in terms of Section 8 of the A&C Act when it was taken in the application under Order XXXVII Rule 3 for grant of leave to defend the suit. The …

Continuing To Contest The Suit Does Not Waive The Right To Arbitration When A Section 8 Objection Was Raised In Written Submissions And Arguments: Delhi High Court.
1 year, 4 months ago

Continuing To Contest The Suit Does Not Waive The Right To Arbitration When A Section 8 Objection Was Raised In Written Submissions And Arguments: Delhi High Court.

Live Law  

The High Court of Delhi has held that a party cannot be deemed to have waived off its right to arbitration merely because it continued to contest the suit when it had specifically raised objection to the maintainability of the suit due to the presence of the arbitration agreement. The bench of Justice C. Hari Shankar held that when a …

In Partition Suit, Every Interested Party Deemed To Be A Plaintiff; No Bar In Passing Numerous Preliminary Decrees: Supreme Court
1 year, 6 months ago

In Partition Suit, Every Interested Party Deemed To Be A Plaintiff; No Bar In Passing Numerous Preliminary Decrees: Supreme Court

Live Law  

In a recent development, a Division Bench of the Supreme Court, made an important observation that in a suit for partition, every interested party is considered to be a plaintiff. The present special leave petition was filed assailing the judgment of the High Court of Kerala which confirmed the supplementary preliminary decree granted in favour of appellant’s sisters. During the …

Application Under Section 11(6) Not Maintainable For Appointment Of Arbitrator In Absence Of A Written Agreement Between Parties: Supreme Court
2 years, 10 months ago

Application Under Section 11(6) Not Maintainable For Appointment Of Arbitrator In Absence Of A Written Agreement Between Parties: Supreme Court

Live Law  

The Supreme Court has ruled that there is a difference between the arbitrator appointed under Section 11 and under Section 11 of the Arbitration and Conciliation Act, 1996 and failing any written agreement between the parties on the procedure for appointing an arbitrator under Section 11, application for appointment of arbitrator shall be maintainable under Section 11 and not under …

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court
3 years, 4 months ago

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court

Live Law  

The Supreme Court observed that an appeal against conviction cannot be treated as infructuous merely for the reason that the convicted appellant had served out the sentence awarded by the Trial Court.Merely for execution of the sentence, an appeal against conviction cannot be treated as infructuous, the bench comprising Justices Dinesh Maheshwari and Vikram Nath said.In this case, a. The …

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court
3 years, 7 months ago

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court

Live Law  

The Supreme Court observed that a court cannot dismiss the appeal filed by an accused merely because of non-representation or default of the advocate for the accused.if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, the bench of Justices AM …

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court
3 years, 7 months ago

High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court

Live Law  

The Supreme Court reiterated that brief reasons must be given in an order disposing an application for leave to appeal under Section 378 ofthe Code of Criminal Procedure 1973 against an order of acquittal.Merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not …

[Section 96 CPC] Strangers Cannot File Appeal Unless They Satisfy The Court That They Are 'Aggrieved Persons': SC [Read Judgment]
4 years, 7 months ago

[Section 96 CPC] Strangers Cannot File Appeal Unless They Satisfy The Court That They Are 'Aggrieved Persons': SC [Read Judgment]

Live Law  

The Supreme Court has observed that strangers cannot be permitted to file an appeal under Section 96 of the Code of Civil Procedure unless he satisfies the Court that he falls within the category of 'aggrieved persons'. They have to demonstrate that they are prejudicially or adversely affected by the decree in question or any of their legal rights stands …

Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented On The Day Fixed For Hearing: SC [Read Judgment]
5 years, 3 months ago

Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented On The Day Fixed For Hearing: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a second appeal on merits where the appellant is unrepresented on the date fixed for hearing. If the appellant does not appear, the Court may if it deems fit dismiss the appeal for default of appearance but it does not have the power to dismiss the appeal on merits, …

Courts must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta: SC [Read the Judgment]
9 years, 8 months ago

Courts must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta: SC [Read the Judgment]

Live Law  

Setting aside an order passed by the High Court, a Supreme Court Bench comprising of Justice Dipak Misra and Justice Prafulla C. Pant observed that the Courts must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta.The Court was hearing an appeal filed against an order passed by the High Court of …

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