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1 - 6 of 6 (0.33 seconds)The Code of Civil Procedure, 1908
Santosh Kumar vs Bhai Mool Singh on 5 February, 1958
The only question which arises before us in this appeal
by special leave: Could the High Court interfere, in
exercise of its powers under section 115, Civil Procedure
Code, with the discretion of the Additional District Judge,
in granting unconditional leave to defence to the
defendant-appellant upon grounds which even a perusal of
the order of the High Court shows to be reasonable ?
Santosh Kumar v. Bhai Mool Singh(1), was a case where a
cheque, the execution of which was admitted by the defend-
ant, had been dishonoured. The defendant had set up his
defences for refusal to pay.
D.L.F. Housing & Construction Company ... vs Sarup Singh And Others on 12 September, 1969
M.L. Sethi v.R.P. Kapur(2); The Managing Director (MIG)
Hindustan Aeronautics Ltd. Balanagar, Hyderabad & lint. v.
Ajit Prasad Tarway, Manager, (Purchase & Stores), Hindustan
Aeronautics Ltd., Balanagar, Hyderabad(3); D.L.F. Housing
& Construction Co. Pvt. Ltd. New Delhi v. Sarup Singh & Ors.
(4); Milkhiram (India) Pvt. Ltd. & Ors. v. Chamanlal
Bros.(5)
We need not dilate on the well established principles
repeatedly laid down by this Court which govern jurisdiction
of the High Courts under section 115 C.P.C. We think that
these principles were ignored by the learned Judge of the
High Court in interfering with the discretionary order after
a very detailed discussion of the facts of the case by the
learned Judge of the High Court who had differred on a pure
question of fact--whether the defences could be honest and
bona fide. Any decision on such a question, even before
evidence has been led by the two sides, is generally hazard-
Milkhiram (India) Private Ltd. And Ors. vs Chamanlal Bros. on 23 April, 1965
M.L. Sethi v.R.P. Kapur(2); The Managing Director (MIG)
Hindustan Aeronautics Ltd. Balanagar, Hyderabad & lint. v.
Ajit Prasad Tarway, Manager, (Purchase & Stores), Hindustan
Aeronautics Ltd., Balanagar, Hyderabad(3); D.L.F. Housing
& Construction Co. Pvt. Ltd. New Delhi v. Sarup Singh & Ors.
(4); Milkhiram (India) Pvt. Ltd. & Ors. v. Chamanlal
Bros.(5)
We need not dilate on the well established principles
repeatedly laid down by this Court which govern jurisdiction
of the High Courts under section 115 C.P.C. We think that
these principles were ignored by the learned Judge of the
High Court in interfering with the discretionary order after
a very detailed discussion of the facts of the case by the
learned Judge of the High Court who had differred on a pure
question of fact--whether the defences could be honest and
bona fide. Any decision on such a question, even before
evidence has been led by the two sides, is generally hazard-
Chittukuri Gopala Rao vs Parachuri Subba Rao on 24 October, 1935
"The learned Counsel for the plaintiff-
respondent relied on Gopala Rao v. Subba Rao
(AIR 1936 Mad.
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