sameer shaikh (h) 30 September 2011

Please help sir

I m for Plaintiff in a summary Suit..On 16-3-2011 matter was fixed for hearing on leave to defend application.

But defendend filed adjournment application and the same was granted and matter was postpond on 14-04-2011.Then on 14-04-2011 on the day of hearing defendent remain absent.hence hon'ble judge disposed leave to defend application.

Then after defendent remain absent till date and on recent date i.e on 23-09-2011 defendent Filed application under S151 of C.P.C read with O37,R5 praying Hon'ble judge to recall its order.

I have to file say.

Is there any case law .

please help

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4 Replies

(Guest)

the judge has no power to recall the same. once it decided he can only get remedy before revisional court.

Attached File : 91326 213426 29 p ramakrishna reddy vs petitioner on 7 august 2000.pdf downloaded: 230 times

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 October 2011

Dear Sameer

it is the descrition power of the court u/o 37 rule 5

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 01 October 2011

I do agree with experts.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 28 October 2011

Originally posted by :sameer shaikh
"	I m for Plaintiff in a summary Suit..On 16-3-2011 matter was fixed for hearing on leave to defend application. But defendend filed adjournment application and the same was granted and matter was postpond on 14-04-2011.

The good thing in your case is that you have an opportunity to reply.

Did your opponent approach you for this adjournment well before court proceeding? Had you given your consent (written no objection certificate) for this adjournment?

If not, then I think you should challenge that adjournment and ask that the case be decided as on that day.