Search Results Page

Search Results

1 - 10 of 28 (0.29 seconds)
Phase-Iv vs Ctr Manufacturing Industries Limited on 6 June, 2011 cites

Sangram Singh vs Election Tribunal, Kotah,Bhurey Lal ... on 22 March, 1955

In Sangram Singh v. Election Tribunal, Kotah (1955) 2 SCR 1 this Court held that in spite of the suit having been proceeded ex-parte the defendant has a right to appear at any subsequent stage of the proceedings and to participate in the subsequent hearings from the time of his appearances. If he wishes to be relegated to the position which he would have occupied had he appeared during those proceedings which have been held ex- parte, he is obliged to show good cause for his previous non- appearance. It was clearly held that unless good cause is shown and the defendant relegated to the position backwards by setting aside the proceedings held ex-parte, he cannot put in a written statement. If the case is one in which the Court considers that a written statement should have been put in and yet was not done, the defendant is condemned to suffer the consequences entailed under O. VIII, R.10.
Supreme Court of India Cites 12 - Cited by 1118 - V Bose - Full Document

Laxmidas Dahyabhai Kabarwala vs Nanabhai Chunilal Kabarwala And Ors on 27 March, 1963

Certain observations made by this Court in Laxmidas Dayabhai Kabrawala v. Nandabhai Chunilal Kabrawala and Ors. (1964) 2 SCR 567, are apposite. It was held that a right to make a counter claim is statutory and a counter claim is not admissible in a case which is admittedly not within the statutory provisions. The crucial date for the purpose of determining when the counter claim can be said to have been filed and pleaded as on part with a plaint in a cross suit is the date on which the written statement containing the counter claim is filed. Save in exceptional cases a counter claim may not be permitted to be incorporated by way of amendment under O.VI R. 17 of the CPC.
Supreme Court of India Cites 12 - Cited by 98 - N R Ayyangar - Full Document
1   2 3 Next