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DELHI HIGH COURT
C.HARI SHANKAR
Pawan Kumar Kakaria – Appellant
Versus
Anil Kumar Rai – Respondent
| Table of Content |
|---|
| 1. background of the impugned order (Para 1 , 1) |
| 2. request for setting aside the impugned order and procedure (Para 2) |
| 3. court's observation of premature petition and language issues (Para 3 , 4) |
| 4. apology by counsel and expectation of deference (Para 5 , 6) |
| 5. court's caution against adverse remarks (Para 7 , 8) |
| 6. expunging of adverse comment (Para 9) |
| 7. conclusion and disposal of the petition (Para 10) |
1. The order dated 27th August 2022, passed by the learned Additional District Judge ("the learned ADJ") in CS 898/2022 (Pawan Kumar Kakaria v. Anil Kumar Rai), under challenge in the present petition under Article 227 of the Constitution of India, reads thus:
"27.08.2022
Present: Sh. Harish Katyal Ld counsel for plaintiff.
Heard Perused.
Plaintiff has relied upon certain documents which is purported - to be entries regarding receiving of payment by defendant in the diary being maintained by the defendant No. I only. The plaintiff has not given any notice under Order XlI Rule 8 CPC to defendant No. 1 before filing of the suit. Further, there is no other acknowledgment of the defendant which is in the possession of plaintiff.
When the Court raised a qu
The court emphasized the importance of respectful discourse in legal proceedings and criticized adverse remarks about Counsel's language as excessive, asserting that courts should avoid unnecessary s....
A court under Article 227 will not interfere in adjourned proceedings unless there are compelling reasons. The parties retain the right to resolve disputes before the original judge.
The court's jurisdiction under Article 227 is supervisory, allowing for discretion in permitting late defenses under mitigating circumstances, without the ability to substitute the lower court's deci....
When an appeal lies against a decree in civil court, a petition under Article 227 is not maintainable, emphasizing the necessity to use available remedies.
Affidavits in civil proceedings cannot be struck off for being argumentative; objections can still be addressed later. Courts have discretion over examination questions.
Unconscionable laches can bar relief in petitions under Article 227; courts will not interfere unless there are grave abuses or derelictions.
The main legal point established in the judgment is that the availability of an appeal remedy under the CPC operates as a near total bar to the exercise of jurisdiction by the court under article 227....
The court established that the discretion to permit withdrawal of a suit under Order 23 Rule 1 (3) CPC requires timely action and sufficient grounds, and that the presence of formal defects must be s....
While Order XIX Rule 3 of the CPC does set out the contents of affidavits to be filed in civil proceedings, it does not permit striking off an affidavit from the record merely because it is not in te....
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