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J. J. MUNIR
Sam Higginbottom Institute of Agriculture Technology and Science – Appellant
Versus
Acurite Contractors and Engineers – Respondent
JUDGMENT :
J.J. Munir, J.
1. This revision is directed against an order passed by the learned Civil Judge (Sr. Div.), F.T.C., Prayagraj dated 27. 09.2023 in Misc. Case No.11 of 2018, rejecting the defendant's application under Order XXXVI Rule 4 of the Code of Civil Procedure, 1908 (for short, 'the Code'), to set aside the decree under special circumstances.
2. The facts giving rise to this revision are these:
Sam Higginbottom Institute of Agriculture, Technology and Sciences, Naini, Allahabad (formerly the Allahabad Agricultural Institute Deemed University) awarded a works contract for some construction work to be done on their premises to M/s. Acurite Contractors & Engineers, Banjara Hills, Hyderabad, a partnership firm. The former shall hereinafter be called 'the defendant' and the latter 'the plaintiff'. For the purpose of giving effect to their covenants carried in the works contract, the plaintiff and the defendant signed a memorandum of understanding dated 19.12.2006, where both parties agreed that the total value of the work, to be executed under the contract by the plaintiff, would be Rs.26,32,72,391/-. It was also covenanted that after deducting the moneys already paid to the
The court ruled that a defendant's failure to comply with conditions of leave under Order XXXVII Rule 4 justifies the decree, and the application to set aside the decree was not competent as it was n....
Objections under Section 47 of the Code of Civil Procedure are limited to execution matters and cannot substitute an appeal, as the executing court cannot review the merits of the trial court's judgm....
The judgment emphasized the importance of following the prescribed procedure for service of summons for judgment under Order XXXVII CPC and the need to consider the impact of an already implemented d....
The failure to demonstrate 'special circumstances' under Order 37 Rule 4 of the CPC precludes setting aside an ex-parte decree in summary suits.
Point of Law : Order of the learned Trial Judge rejecting the application for leave to defend on merits, ought to be substituted by an order rejecting that application as premature.
The failure to demonstrate 'special circumstances' under Order 37 Rule 4 of the CPC precludes a party from setting aside an ex parte decree for non-appearance.
(1) Powers of High Court under Article 227 of Constitution are in addition to and wider than powers under Section 115 of CPC.(2) Rule 3A of CPC applies only to cases where next friend or guardian for....
The main legal point established in the judgment is that the pursuit of legal remedies must be bona fide, and dilatory tactics may lead to the denial of delay condonation.
The court upheld the dismissal of the petitioner's application to set aside an ex parte decree, finding no sufficient cause for his absence during proceedings.
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