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MANOJ KUMAR OHRI
State Bank of India – Appellant
Versus
Arizona Printers & Packers Ltd. – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
1. By way of present appeal, the appellant seeks setting aside of the order dated 06.06.2015 passed by learned ADJ-II, Central, Tis Hazari Court, Delhi in M. NO. 46 OF 2013 filed in Suit No. 190 of 2006 whereby its application under Order IX Rule 13 read with Section 151 CPC was dismissed. Ancillary prayer seeking directions to the Executing Court to retain/withhold the banker's cheque for Rs.19,27,693.94 has also been made.
2. Mr. Shiv. K. Tyagi, learned counsel for the appellant submits that alongwith the subject application, the appellant also preferred an application under Section 5 of the Limitation Act seeking condonation of delay of about 4 years in filing the captioned application. It is submitted that though the delay application was allowed but the captioned application under Order IX Rule 13 CPC was dismissed by incorrectly recording that the application has been filed at a belated stage despite being aware of the proceedings. Learned counsel for the appellant submits that the appellant made out a good case for sufficient cause for its non-appearance before the Trial Court.
3. Before proceeding further, it is noted that in the prese
The main legal point established in the judgment is that 'sufficient cause' for non-appearance under Order IX Rule 13 CPC should be construed liberally, considering the specific facts and circumstanc....
The main legal point established is the interpretation of 'sufficient cause' under Order IX Rule 13 CPC, emphasizing that it must demonstrate the absence of negligence or lack of bona fide on the par....
The main legal point established in the judgment is the interpretation of 'sufficient cause' under Order 9 Rule 13 CPC, emphasizing that it is an elastic expression to be determined based on the fact....
Delay/Laches/Limitation - Delay of 582 days in filing application - “Sufficient Cause” is an elastic expression and no hard and fast guidelines are prescribed. Court, in its discretion, has to consid....
The main legal point established in the judgment is the significance of 'sufficient cause' for condonation of delay, emphasizing the need for a liberal but reasonable interpretation of the term and t....
Setting aside ex-parte decree – Real test for adjudication of a petition under Order IX Rule 13 CPC is whether litigant upon learning about ex-parte decree takes immediate steps in filing application....
The court established that 'sufficient cause' for non-appearance must be interpreted liberally, allowing for restoration of applications even after previous dismissals.
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