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ashok kumar (Social Worker)     05 March 2013

Respondent heard irregularly



Hearing  respondent after Ex Parte


An appeal filed in DJ Court against dismissal of Application for restoration under Order 9 Rule 9. Respondents not turning up in 4 hearings. Appellant heard Ex Parte on 18th March 2013. Order reserved for 25th March 2013. On 25th, Respondents also heard & appeal dismissed.


Is this a legal procedural irregularity?

On what grounds should this be challenged?

Pl give case laws from SC?


 4 Replies

Rajendra Shrivastava (advocate)     05 March 2013

under order41 rule 25 c.p.c. court may decide the appeal.

Adv k . mahesh (advocate)     06 March 2013

yes it is legal under order 41 rule 25 cpc 

Adv k . mahesh (advocate)     06 March 2013

you can see that judgement

ashok kumar (Social Worker)     06 March 2013

But Maheshji

order 41 rule 25 cpc  deals with soem other thing and has got nothing to do with what I asked

It deals with teh power of appealate court to frame issues and refer the same to teh trial Court, wheras what I have asked is whether the Ci=ourt is Justified in allowing teh Respondent toargue in my absence after having closed his arguments


25 . Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from— Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required;

and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor [412][within such time as may be fixed by the Appellate Court or extended by it from time to time.]

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