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Can opponents illness excuse be overturned by high court
05-Jun-2023 (In Civil Law)
Honourable judge gav ruling in our favor u/o 17R 3CPC and dismissed plantiff application for asking more time and case was for defendent hearing on next date. but opponent on next hearing filed application for recall of case & filed affadavit and rejoinder affadavit and both parties was asked to appear on next date. On next hearing We objected for recall of case but hon.Judge gave him one last chance to come up with evidence/Witness Under pw1 otherwise recall application will be dismissed. And frm next hearing COURT BECAME VACANT FOR 8-10 MONTHS. And when court reopned he again came up with illness excuse..And new judge admitted the application. And new date was given 25/8/17. But from wat I read from internet case should hav been proceeded UNDER RULE 2 and case should hav been dismissed. Pls throw some light..can opponents illness excuse be overturned by high court as previous judge order said recall application will be dismissed If plantiff didn't come up with pw1.THANKS AND REGARDS
These are civil proceedings and always court has liberal view towards them. Always court try to give proper chance to every party to suit. But if there is any lose to you about time lose that always court compensate with money imposed.
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Adv. Vineet Saini
Saharanpur | 25+ Answers
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Dear
The Hon'ble judge can excuse the illness of the either party because the judge has to administer the justice to all irrespective of the parties. Thus, it is hereby advised to put up the application for early hearing through your Counsel wherein you can mention all such adjournments made by the opposite parties in the false pretext. Approach your counsel for the same.
Regards
The Hon'ble judge can excuse the illness of the either party because the judge has to administer the justice to all irrespective of the parties. Thus, it is hereby advised to put up the application for early hearing through your Counsel wherein you can mention all such adjournments made by the opposite parties in the false pretext. Approach your counsel for the same.
Regards
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