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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Ram Swaroop(deceased) through LRs – Appellant
Versus
Rajinder Singh – Respondent
| Table of Content |
|---|
| 1. ex-parte specific performance decree against defendant. (Para 1 , 2 , 3) |
| 2. disputed awareness of suit due to disappearance. (Para 4 , 5 , 6 , 7) |
| 3. evidence on delay condonation and locus standi. (Para 8 , 9 , 10 , 11) |
| 4. lower courts dismissed; contentions on suppression. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. uncorroborated claims; unexplained delay since 2001. (Para 18 , 19 , 20 , 21 , 22) |
| 6. liberal approach cannot defeat limitation law. (Para 23 , 24 , 25) |
| 7. no fresh notice after counsel no instructions. (Para 26 , 27) |
| 8. article 227 supervisory jurisdiction exercised sparingly. (Para 28 , 29) |
| 9. no interference with lower courts' reasoned orders. (Para 30 , 31) |
Judgment :
Romesh Verma, J.
The present petition has arisen from the judgment as passed by the learned District Judge, Solan, District Solan, dated 13th March, 2023, whereby the appeal preferred by the present petitioner has been dismissed and the order as passed by learned Civil Judge (Junior Division), Court No.1, Solan, H.P. dated 22nd April, 2016 has been affirmed.
2. The brief facts of the case are that the present respondent filed a Civil Suit No.308/1/04/1998 for specific performance of a contract for sa
Ex parte decree not set aside for uncorroborated delay excuse despite missing defendant claim; prior knowledge inferred from admissions; Art 227 bars reappreciating evidence in absence of jurisdictio....
Point of law: Once court accepts explanation as sufficient it is the result of positive exercise of discretion and normally the superior court should not disturb such finding, much less in revisiiona....
The Trial Court's decision in favor of the plaintiffs/respondent Nos. 1 and 2 and against the appellant without ensuring notice to the appellant and/or his counsel had been effected was in violation ....
The court reaffirmed that substituted service under the Code of Civil Procedure does not constitute adequate service, necessitating substantiation of claims in applications for condonation of delay.
Point of Law : sufficient reason' for extending the delay in filing the petition should be construed liberally on the non-action on the part of the advocate. Besides, there is no general proposition ....
Point of law: It is well settled principle of law that any judgment or order obtained by fraud, its validity can be challenged in any proceeding. Before three centuries, Chief Justice Edward Coke pro....
The High Court should not entertain a revision petition under Article 227 against an ex-parte judgment and decree when a specific remedy of appeal is available under the Code of Civil Procedure itsel....
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