Case Name : Arjun Singh vs Mohindra Kumar
Case Reference: (1964) 5 SCR 946 :
Neutral Citation: 1963 INSC 256
Case Number: CA 768/1963
Court: Supreme Court
Bench: 03
Coram: BP Sinha CJ, AK Sarkar, N Rajagopala Ayyangar
Date: 13.12.1963
Distinction between good cause under CPC - Order IX rule 3 and sufficient cause under CPC - Order IX rule 13
Res judicata not limited to CPC - Section 11. The first court must have had jurisdiction and competency to entertain and decide the issue. Adjournment for pronouncement of judgment is not adjournment for hearing.
CPC - Order IX rule 7 is an interlocutory proceeding. It does not put an end to litigation. It does not involve determination of issues in controversy. Order 9 rule 7 is not applicable when court adjourns proceedings for pronouncement. The matter is at the stage of CPC - Order IX rule 6, and the remedy is under CPC - Order IX rule 13 for setting aside the ex parte decree.
Inherent power under CPC - Section 151 cannot override express of implied provisions of law.
– Refer also:
See also: CPC - Order IX rule 6