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National Rice and Dal Mills and ors. Vs. Suraj Singh - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtHimachal Pradesh High Court
Decided On
Case NumberCivil Revn. No. 50 of 1973
Judge
ActsCode of Civil Procedure (CPC) , 1908 - Order 11, Rule 14
AppellantNational Rice and Dal Mills and ors.
RespondentSuraj Singh
Appellant Advocate A.K. Goel, Adv.
Respondent Advocate R.K. Gupta and; J.R. Thakur, Advs.
DispositionRevision dismissed
Excerpt:
- .....rejecting his application under order 11, rule 14 of the code of civil procedure.2. the learned senior subordinate judge considered an affidavit necessary in support of the application under order 11 rule 14 of the code of civil procedure, and as no such affidavit was filed he rejected the application. now, there can be no dispute that it is for the court to be satisfied that a case exists for granting the relief claimed in such application. if the court considers that an affidavit is necessary for this purpose it is entitled to require the party to file such affidavit. it is also evident from form no. 6 in appendix 'c' to the code that an affidavit is contemplated when, an application is made under order 11 rule 14 in the present case, it does not appear that any attempt was made to.....
Judgment:
ORDER

R.S. Pathak, C.J.

1. This is a defendants' revision petition against an order dated September 12. 1973, passed by the learned Senior Subordinate Judge, Mandi rejecting his application under Order 11, Rule 14 of the Code of Civil Procedure.

2. The learned Senior Subordinate Judge considered an affidavit necessary in support of the application under Order 11 Rule 14 of the Code of Civil Procedure, and as no such affidavit was filed he rejected the application. Now, there can be no dispute that it is for the Court to be satisfied that a case exists for granting the relief claimed in such application. If the court considers that an affidavit is necessary for this purpose it is entitled to require the party to file such affidavit. It is also evident from Form No. 6 in Appendix 'C' to the Code that an affidavit is contemplated when, an application is made under Order 11 Rule 14 In the present case, it does not appear that any attempt was made to file an affidavit. In the circumstances, the learned Senior Subordinate Judge was entitled to reject the application, and his order doing so does not call for interference. It is, however, open to the defendant to file a fresh application under Order 11, Rule 14 supported by an affidavit. The trial Court will then consider the application.

3. The revision petition is dismissed with costs.


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