VIKAS AGGARWAL versus ANUBHA

VIKAS AGGARWAL versus ANUBHA

Order X CPC is an enabling provision which permits the court to require parties to appear for clarification at any stage in the interest of justice; absence of express bar allows the court to use its inherent powers under Section 151 CPC, including striking off defence for non-compliance. The technical objection about 'first hearing' is not relevant in the present circumstances. Section 41(a) and (b) Specific Relief Act do not bar orders against parties restraining proceedings in foreign courts.

Parties
Appellant: Vikas Aggarwal; Respondent: Anubha
Jurisdiction
India
Judgment Date
12 April 2002
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Delhi High Court, Challenging Order Striking Off Defence in Suit No. 1966 of 1999
Outcome
Appeal dismissed with costs.
Legal Topics
Order X CPC Examination of Parties, Order XXXIX CPC, Section 151 CPC Inherent Powers, Section 41(a) and (b) Specific Relief Act, Injunction Against Foreign Court, Striking Off Defence, Judicial Separation, Maintenance Allowance
Civil Procedure Family Law Order X CPC Examination of Parties Order XXXIX CPC Section 151 CPC Inherent Powers Section 41(a) and (b) Specific Relief Act Injunction Against Foreign Court Striking Off Defence +2 more

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Parties

Vikas Aggarwal

Appellant

Anubha

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Delhi High Court, Challenging Order Striking Off Defence in Suit No. 1966 of 1999

Legal Issues

  1. 1 Applicability and scope of Order X CPC for examination of parties
  2. 2 Court's power to seek personal appearance for clarification under Order X CPC
  3. 3 Exercise of inherent power under Section 151 CPC

Ratio Decidendi

Order X CPC is an enabling provision which permits the court to require parties to appear for clarification at any stage in the interest of justice; absence of express bar allows the court to use its inherent powers under Section 151 CPC, including striking off defence for non-compliance. The technical objection about 'first hearing' is not relevant in the present circumstances. Section 41(a) and (b) Specific Relief Act do not bar orders against parties restraining proceedings in foreign courts.

Court Disposition

Appeal dismissed with costs.

Orders

  • Defence already struck off in trial court upheld; respondent awarded costs.