Citation : 2006 Local Law (CG) 351 The Chhattisgarh High Court has set aside an ex-parte judgment and decree awarded against a defendant after concluding that the plaintiff and a process server acted in collusion to fabricate service of summons. Justice Dilip Raosaheb Deshmukh allowed the defendant’s application under Order 9 Rule 13 of the…
Citation : 2004 Local Law (CG) 32 The Chhattisgarh High Court has set aside an interim order that froze an eviction suit, finding that the trial court improperly used its inherent powers to stay proceedings after earlier courts had already rejected similar applications. A single-judge bench led by Justice L.C. Bhadoo heard a petition under…
The Chhattisgarh High Court has set aside a trial court order that refused to accept a mukhtyarnama and to allow a husband to represent his wife in an eviction suit. The appellate court found the lower court’s reasoning overly technical and inconsistent with the clear provisions of the Powers of Attorney Act and the Civil…
Justice R.S. Garg ruled that an appellate court cannot admit new evidence on a factual issue like minority of a vendor unless it was pleaded in the written statement and supported by material issues at trial. In a detailed ruling reinforcing procedural discipline in civil litigation, the Chhattisgarh High Court has held that an appellate…
Citation : 2001 Local Law (CG) 65 The Chhattisgarh High Court, in an order authored by Justice R.S. Garg, has dismissed an appeal filed by plaintiffs who challenged an appellate court’s grant of an injunction in favour of a defendant. The dispute reached the High Court after the trial court refused the defendant’s original injunction…