SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1968 Supreme(Del) 135

I.D.DUA, S.K.KAPUR
RADHEY SHAM SAWHNEY – Appellant
Versus
BAWA JOGINDER SINGH BHALLA – Respondent


Advocates Appeared:
A.C.Sehgal, KIRHORI LAL

I. D. Dua, J.

( 1 ) THIS is the defendants revision under section 115, Code of Civil Procedure, from the order of a learned Subordinate Judge 1st Class, Delhi, dated 13/9/1967 disposing of the defendants objection questioning the jurisdiction of the Court below to entertain, try and dispose of the suit under Order 37 of the Code. The Court below repelled the defendants challenge holding that even after the enforcement of the Delhi High Court Act (No. 2 of 1966), it was competent to entertain the present suit by virtue of the amended Rule of Order 37. The Court below also disposed of by the impugned order the defendants application for leave to defend the suit. It directed deposit by way of security, by the defendants, of the amount of Rs. 500. 00, which was admitted by the defendants to be due to the plaintiff, along with a sum of Rs. 75. 00, the estimated costs thereon. In regard to the balance of Rs. 1,200. 00 together with costs estimated at Rs. 200. 00, the defendants were also directed to furnish security.

( 2 ) BEFORE me on revision, the first and foremost challenge against the order of the Court below relates to its competence to entertain and proceed with the present su





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top