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Amar Chand Butail Vs. Union of India (Uoi) and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtHimachal Pradesh High Court
Decided On
Case NumberF.A.F.O. No. 2 of 1954
Judge
ActsCode of Civil Procedure (CPC) , 1908 - Order 11, Rule 21
AppellantAmar Chand Butail
RespondentUnion of India (Uoi) and ors.
Appellant Advocate Chandu Lal, Adv.
Respondent Advocate B. Sita Ram, Govt. Adv.
DispositionAppeal dismissed
Excerpt:
.....1 and 2, although they have been guilty of laches and not couching their replies in the proper form. (12) it has been held in a long trend of rulings that action under order 11, rule 21, should be taken in the last resort, i.e., where the court is satisfied that there has been wilful default. the following authorities were brought to my notice:--allahabad bank ltd., lahore v. ganpat rai, air 1929 lah 750 (a). there, a division bench of that high court held that: 'an order to strike out a defence under rule 21 should not be made, unless the default is wilful and such an order should always be made as the last resort.' the above ruling was followed jn v. r. a. r. m. chettyar firm v. c. r. a. c. t. nachiappa chettyar, air 1935 rang, 310 (b), where a division bench of that high.....order(14) accordingly, i dismiss the appeal.(15) there remains the question of costs. although i have held that there has been no wilful default on the part of respondents 1 and 2, still the fact remains that they have been guilty of laches and their replies were not in the proper form. i, therefore, leave parties to bear their respective costs of this appeal.
Judgment:
ORDER

(14) Accordingly, I dismiss the appeal.

(15) There remains the question of costs. Although I have held that there has been no wilful default on the part of respondents 1 and 2, still the fact remains that they have been guilty of laches and their replies were not in the proper form. I, therefore, leave parties to bear their respective costs of this appeal.


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