Back
DELHI HIGH COURT
TUSHAR RAO GEDELA
ICICI Bank Ltd. – Appellant
Versus
Winner Construction Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge to order for non-appearance. (Para 1) |
| 2. examination of reasons for non-appearance. (Para 2 , 3 , 4) |
| 3. application under order ix rule 7 should be construed liberally. (Para 5) |
| 4. court orders a specific timeline for trial. (Para 6 , 7 , 8 , 9) |
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Petitioner challenges the order dated 26.05.2018 whereby the application under Order 9 Rule 7 of the Code of Civil Procedure, 1908 (CPC) was dismissed on the ground of insufficient reasons to explain non-appearance and delay in filing the application under Order IX Rule 7 CPC.
2. Learned Trial Court has examined the issue in detail and has come to a firm conclusion that the Petitioner has not been able to explain the reasons for delay much less the sufficient cause for such non-appearance.
3. Learned counsel appearing for the Respondent submits that there is no reason much less a justifiable reason for interfering with the impugned order in as much as there is no material irregularity or illegality committed by the Trial Court while passing the impugned order.
4. Mr. Mahindro, learned counsel for the Respondent s
Court emphasized liberal construction of applications under Order 9 Rule 7 CPC to favor merits over procedural technicalities, ensuring parties can contest their cases substantively.
The central legal point established in the judgment is the distinction between the provisions of Order XII Rule 6 CPC and Order VII Rule 11 CPC, and the applicability of each provision in different s....
The right of the petitioner to contest the matter in execution proceedings and the imposition of appropriate cost to allow participation, as provided under Order 9 Rule 7 of CPC.
The Court emphasized the need for expeditious disposal of applications under Order XXXVII Rule 3 (5) CPC to prevent prejudicial effects on the petitioner.
The court has the discretion to allow exemption from filing certified copies of annexures, subject to all just exceptions, and can direct the disposal of urgent matters in accordance with law.
The need for the Trial Court to decide the application of the Petitioner on its own merits and the imposition of legal costs as a condition for the liberty granted.
A defendant retains the right to participate in proceedings even after the rejection of an application under Order IX, Rule 7, provided they appear timely and engage with the trial process.
Judicial discretion under procedural rules should prioritize substantive justice over mere technicalities, enabling courts to decide applications on their merits.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
