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1973 Supreme(Del) 29

V.S.DESHPANDE
SADA RAM – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
K.R.Mehrotra, Keshav Dayal, Ram Pal Ganpatrai

V. S. Deshpande

( 1 ) INHERENT powers u/s 151 are similar to an order as court thinks fit u/0. 7 R 10, Civil Procedure Code.

( 2 ) PLAINTIFF filed a suit against the D. D. A. on l7. 5. 71 for injunction against demolition of his shops. Defendant appeared on 3. 6. 71 and did not file written statement and did not do so for several hearings and ultimately Court refused further opportunity on 13. 1. 72 and fixed case for plaintiff s evidence for 29. 1. 72. Some witnessess were examined on that day and case was adjourned for rest of witnesses to 3 3. 72. On this day, defendant applied for permission to file written statement pleading that office file had been misplaced and that caused the delay. Defendant was allowed to do so oal4. 11. 72on payment of Rs. 50 as costs. The plantiff challenged this order by revision U/s 115, Civil Procedure Code High Court examined the scope of S. 115 and dismissed the petition. Para 3 onwards the judgement is :-

( 3 ) THE word "case" does not refer necessaarily to the case as a whole but can include even a part of the case. Therefore, a decision on a part of the case is also revisable even though it does not dispose of the whole of the case. It is necessa









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