Smt. Swadesh Sapra & Ors. v. Mohindra Kumar reported in AIR 1964 Su- preme Court 993 (V 51 & Ors.
Case at a glance
Outcome
Allowed
Hence, the petition is allowed
Provisions considered
- Code of Civil Procedure, 1908 O. 9 r. 7
Key paragraphs
- Para 33. The Hon’ble Apex Court in the matter of Arjun Singh vs. Mohindra Kumar and others reported in AIR 1964 Su- preme Court 993 (V 51 C 128) has held that application under Order 9 Rule 7 C.P.C. can be moved at any stage before…
- Para 44. Hence, the petition is allowed. Order dated 25.8.2009 is set aside. Parties shall appear before the learned trial Court for further order. 04th October, 2010 ashish ( ALOK SINGH ) JUDGE
Judgment
Smt. Swadesh Sapra and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Nonish Kumar, Advocate for Mr. Vimal Kumar, Advocate for the petitioner. Mr. Rajvir Singh Sihag, Advocate for respondents No.6 and 7.
1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL)
Present petition is filed challenging the order dated
31.7.2010 passed by Additional Civil Judge (Sr. Division), Jagadhri, whereby the application moved by the defen- dant No.4/petitioner herein under Order 9 Rule 7 C.P.C. to recall ex-parte order dated 25.8.2009 was dismissed. C.R. No.5223 of 2010 (O&M) -2-
Brief facts of the present case are that in a Suit No.568 of 2003 pending before the learned trial Court defendant No.4 was directed to be proceeded ex-parte vide order dated 25.8.2009. Defendant No.4 thereafter moved an application under Order 9 Rule 7 C.P.C. to recall the or- der dated 25.8.2009 which was dismissed by the learned trial Court on the ground that application under Order 9 Rule 7 C.P.C. was moved after 9 months from the order dated 25.8.2009.
The Hon’ble Apex Court in the matter of Arjun Singh vs. Mohindra Kumar and others reported in AIR 1964 Su- preme Court 993 (V 51 C 128) has held that application under Order 9 Rule 7 C.P.C. can be moved at any stage before the conclusion of the hearing. The Hon’ble Su- preme Court has also observed that hearing shall be con- cluded only when arguments are heard and judgment is reserved. In the present case, hearing was not con- cluded and there is no limitation to file application under Order 9 Rule 7 C.P.C. An application under Order 9 Rule 7 C.P.C. can be moved at any stage before hearing is concluded and showing good cause application should be allowed. In my view, petitioner has shown good cause to recall the order dated 25.8.2009. C.R. No.5223 of 2010 (O&M) -3-
Operative part
Hence, the petition is allowed. Order dated 25.8.2009 is set aside. Parties shall appear before the learned trial Court for further order. 04th October, 2010 ashish ( ALOK SINGH ) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, the petition is allowed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 9 r. 7.
Which court decided this case, and when?
Punjab & Haryana High Court, on 04 Oct 2010. The bench was ALOK SINGH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.