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Latha Menon vs Ponnamma on 17 May, 2022

The said order was rendered after referring to the judgments of the Madras High Court in Latchayya and another v. Surya Prakasa Rao [AIR 1928 Madras 1165] and of the Calcutta High Court in B.A. Stores Syndicate v. Stores and Engineering Supply Company [AIR 1952 (39) Calcutta 411 (CN 116)]. The said judgments were rendered prior to introduction of the Explanation to Section 141 of the Code, which was in the year 1976. Pointing out that in view of the clarification in the said Explanation that 'proceedings' include proceedings under Order IX of the Code as well, the matter was referred to the Division Bench opining that the decision in Seetha 2 O.P.(C) No.3271 of 2019 Ramachandran requires a relook.
Kerala High Court Cites 30 - Cited by 0 - A Narendran - Full Document

Seetha Ramachandran @ Seetha Varma vs K.B.Radhakrishnan on 9 October, 2012

6. B.A. Stores Syndicate v. Stores & Engineering Supply Co. A.I.R (39) 1952 Calcutta 411 (C.N. 116) was a commercial suit in which under the rules of that Court, the defendant ought to have filed its affidavit of documents within a fortnight of filing of written statement. The fortnight having expired, and the defendant not having responded to a summons, the defence was struck off. When the matter was listed before Court the defendants appeared for hearing and moved the Court for an order that the suit be removed from the list and leave granted to defend the suit and also file affidavit of documents. That application was withdrawn by the defendant intimating that it would prefer an appeal from the order of the Master. In the appeal, it was contended before Court that since one of the prayers in the first application before Court, which was withdrawn, was for extension of time, the same having not been withdrawn with liberty, there cannot be a fresh application for a similar relief. The Court however held that O.23 R.1 Civil C.R.P. NO. 353 of 2006 7 Procedure Code was not shown to apply to orders in interlocutory applications in a suit.
Kerala High Court Cites 17 - Cited by 4 - K V Chandran - Full Document
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