Cpc Suriyanarayanan

Order 6 rule 16; order 8 rule 6 A
2010(6) SCJ 945

MD. Alauddin Khan vs Karam Thamarjit Singh

Permitting returned candidate to file counter claim amounts to obliterating section 97 of RP Act- provisions of Cpc are not applicable wholly in election trial- order 8 rule 6 A cannot be invoked in view of prohibition under 97 RP Act

Order 9 rule 13; 151
2010(6) SCJ 432

Bhagmal & others vs Kunwar Lal & others

Ex parte decree in suit for declaration and possession- set aside application dismissed as barred by time- Appeal filed with delay- There was satisfactory explanation for delay- Appeal allowed

Order 10 rule 2

2010(6) SCJ 479

Kapil Corepacks Pvt Ltd & others vs Harbans Lal (d) through Lrs

Written statement claiming signature is rank forgery in Suit for recovery of amounts – High court cross examined MD who admitted his signature and in appeal the continuation of proceedings is confirmed- Held, Examination is outside scope of order 10 – Decision of court to initiate proceeding is wholly without jurisdiction-