Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Although, while dealing with the delay condonation matter, normally the court is not supposed to address the merit of the case, if the circumstances so warrant the merit of the case cannot be brushed aside and it is not impermissible in such cases to look into the merit of the matter. Viewed with this angle when I perused the judgment and decree passed by the trial court in RCS No. 98/1978, it is apparently revealed that there is substance in the objection raised by the applicants, i.e. original defendants that the trial court passed the impugned decree without following due process of law and without giving any proper opportunity of hearing to the defendants therein. It is revealed that on the day the evidence of the plaintiff was recorded in the said suit, the counsel for defendants passed 'no instructions' pursis and without following further process in such situation, the trial court passed the decree in favour of the plaintiffs therein on the same day. As has been argued by the learned counsel for the applicants, even the first appellate court did not consider that the defendants were not given any opportunity of adducing their evidence and the decree was passed on the day the plaintiff closed his evidence. The objection so raised by the applicants, in my opinion, deserves consideration. At this juncture though I may not be entering into the merits of the case, prima facie, I am of the opinion that the objections in that regard by the applicants, i.e. original defendants, deserve consideration.
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
Civil Application No. 14168 of 2016 and Civil Application No. 14771 of 2016 in Second Appeal No. 275 of 1988
Decided On: 18.06.2018
Asaram Shivaji Patole Vs Brijmohan
Hon'ble Judges/Coram:
P.R. Bora, J.
Citation: 2018(6) MHLJ 122
