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Bhanu Kumar Jain vs Archana Kumar & Anr on 17 December, 2004 cites

Arjun Singh vs Mohindra Kumar & Ors on 13 December, 1963

Order 9, Rule 7 of the Code postulates an application for allowing a defendant to be heard in answer to the suit when an order posting a suit for ex-parte hearing was passed only in the event, the suit had not been heard as in a case where hearing of the suit was complete and the court had adjourned a suit for pronouncing the judgment, an application under Order 9, Rule 7 would not be maintainable. (See Arjun Singh Vs. Mohindra Kumar and others, AIR 1964 SC 993) The purpose and object of Order 9, Rule 7 of the Code has been explained by this Court in Vijay Kumar Madan and Others Vs. R.N. Gupta Technical Education Society and Others [(2002) 5 SCC 30] and Ramesh Chand Ardawatiya Vs. Anil Panjwani [(2003) 7 SCC 350] It is true that the suit was not directed to be heard ex-parte against Respondent No. 2 herein but it remains undisputed that both the Respondents filed application for setting aside the ex-parte decree before the learned Trial Judge, preferred appeal against the judgment dismissing the same as also filled a revision application against the order dated 31.10.1985 setting the suit for ex-parte hearing. The said applications and appeal had been dismissed. Even a Special Leave Petition filed was dismissed as withdrawn. In that view of the matter it is not permissible for the Respondents now to contend that it was open to the Respondent No. 2 to reagitate the matter before the High Court. The contention which has been raised by the Respondent No. 2 before the High Court in the first Appeal, furthermore, was not raised in the said application under Order 9, Rule 13 of the Code and even in the Misc. Petition and the Revision Application filed in the High Court. Such a question having not been raised, in our opinion, the Respondents disentitled themselves from raising the said contention yet again before the High Court in the First Appeal.
Supreme Court of India Cites 10 - Cited by 672 - N R Ayyangar - Full Document

Vijay Kumar Madan And Ors vs R.N. Gupta Techincal Education Society ... on 18 April, 2002

Order 9, Rule 7 of the Code postulates an application for allowing a defendant to be heard in answer to the suit when an order posting a suit for ex-parte hearing was passed only in the event, the suit had not been heard as in a case where hearing of the suit was complete and the court had adjourned a suit for pronouncing the judgment, an application under Order 9, Rule 7 would not be maintainable. (See Arjun Singh Vs. Mohindra Kumar and others, AIR 1964 SC 993) The purpose and object of Order 9, Rule 7 of the Code has been explained by this Court in Vijay Kumar Madan and Others Vs. R.N. Gupta Technical Education Society and Others [(2002) 5 SCC 30] and Ramesh Chand Ardawatiya Vs. Anil Panjwani [(2003) 7 SCC 350] It is true that the suit was not directed to be heard ex-parte against Respondent No. 2 herein but it remains undisputed that both the Respondents filed application for setting aside the ex-parte decree before the learned Trial Judge, preferred appeal against the judgment dismissing the same as also filled a revision application against the order dated 31.10.1985 setting the suit for ex-parte hearing. The said applications and appeal had been dismissed. Even a Special Leave Petition filed was dismissed as withdrawn. In that view of the matter it is not permissible for the Respondents now to contend that it was open to the Respondent No. 2 to reagitate the matter before the High Court. The contention which has been raised by the Respondent No. 2 before the High Court in the first Appeal, furthermore, was not raised in the said application under Order 9, Rule 13 of the Code and even in the Misc. Petition and the Revision Application filed in the High Court. Such a question having not been raised, in our opinion, the Respondents disentitled themselves from raising the said contention yet again before the High Court in the First Appeal.
Supreme Court of India Cites 1 - Cited by 46 - Full Document

R.Balakrishna Pillai vs State Of Kerala on 28 February, 2003

Order 9, Rule 7 of the Code postulates an application for allowing a defendant to be heard in answer to the suit when an order posting a suit for ex-parte hearing was passed only in the event, the suit had not been heard as in a case where hearing of the suit was complete and the court had adjourned a suit for pronouncing the judgment, an application under Order 9, Rule 7 would not be maintainable. (See Arjun Singh Vs. Mohindra Kumar and others, AIR 1964 SC 993) The purpose and object of Order 9, Rule 7 of the Code has been explained by this Court in Vijay Kumar Madan and Others Vs. R.N. Gupta Technical Education Society and Others [(2002) 5 SCC 30] and Ramesh Chand Ardawatiya Vs. Anil Panjwani [(2003) 7 SCC 350] It is true that the suit was not directed to be heard ex-parte against Respondent No. 2 herein but it remains undisputed that both the Respondents filed application for setting aside the ex-parte decree before the learned Trial Judge, preferred appeal against the judgment dismissing the same as also filled a revision application against the order dated 31.10.1985 setting the suit for ex-parte hearing. The said applications and appeal had been dismissed. Even a Special Leave Petition filed was dismissed as withdrawn. In that view of the matter it is not permissible for the Respondents now to contend that it was open to the Respondent No. 2 to reagitate the matter before the High Court. The contention which has been raised by the Respondent No. 2 before the High Court in the first Appeal, furthermore, was not raised in the said application under Order 9, Rule 13 of the Code and even in the Misc. Petition and the Revision Application filed in the High Court. Such a question having not been raised, in our opinion, the Respondents disentitled themselves from raising the said contention yet again before the High Court in the First Appeal.
Supreme Court of India Cites 19 - Cited by 563 - Full Document
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