1908

Grant of such relief is discretionary in nature. Requirements for exercise of such power, namely: specific, clear and categorical admission of facts and documents on record are necessary. Power under Or. 12 R. 6, held, is discretionary which should be only exercised when specific, clear and categorical admission of facts and documents are on record, […]

All the parties to the consent terms are required to fully comply with the terms of settlement/consent terms and the consent order. One party cannot be permitted to say that that portion of the settlement which is in their favour be executed and/or complied with and not the other terms of the settlement/consent terms/consent order,

Duty of first appellate court, principles summarized. It is trite law that the procedural defect may fall within the purview of irregularity and capable of being cured, but it should not be allowed to defeat the substantive right accrued to the litigant without affording reasonable opportunity. Therefore, in our considered view, non adjudication of the

Or. 1 Rr. 10,1,3 and 9 as to when principle of dominus litis inapplicable: The principle that the plaintiff is the dominus litis shall be applicable only in a case where parties sought to be added as defendants are necessary and / or proper parties and not if parties are not necessary and / or

Cryptic and cursory approach of High Court as first appellate court is not sustainable. Remand to first appellate court to determine the matter afresh, not warranted in the instant cae. The suit was instituted more than three decades ago; evidence discussed by trail court is neither disputed nor demolished by respondent, as such there was

Preliminary issues can be those where no evidence is required. Thus, for instance, on basis of reading of plaint or applicable law, if jurisdiction of court or bar to suit is made out, court may decide such issues with sole objective for expeditious decision. Or. 14 R. 2 has a salutary object in mind that mandates court

Instead of depositing entire decretal amount as directed by High court, the deposit as directed by State Government of Rs 45,00,000 can be taken as sufficient compliance of direction issued by the High Court? Held, deposit of Rs 4500000 would meet the ends of justice.  Thus direction of High Court to deposit entire decretal sum

Admissibility of additional evidence under Or. 41 R. 27 CPC does not depend upon the relevancy of the issue on hand, or whether the applicant had an opportunity for adducing such evidence at an earlier stage or not, but it depends upon whether or not appellate court requires the evidence sought to be adduced to enable it to pronounce judgment

An independent suit challenging compromise/consent decree on ground that it is not lawful is not maintainable. Proper remedy for challenging compromise/consent decree on ground that it is not lawful, reiterated, is to approach the same court, which had passed the compromise/consent decree, which the plaintiff in present case had already done by filing an appropriate

While dealing with an application seeking leave to defend, held, it would not be a correct approach to proceed as if denying leave is the rule or that leave to defend is to be granted only in exceptional cases or only in cases where defence would appear to be a meritorious one. On the issue