AIR Law Lines - Point Extract
(A)
Civil & Constitution
Civil Procedure Code
Examination Of Parties By Court
Order Striking Off Written Statement For Non-appearance Of Parties - Legality
— Trial court striking off written statement due to non-appearance of defendant — No court can compel parties to appear before anybody for having out of court settlement — No provision in CPC to penalize party who fails to appear before any authority for exploring possibility of out of court settlement as enumerated under S. 89, CPC — Directing parties to appear for exploring chances of settlement not coming under purview of R. 4 of O. 10 — Order striking off written statement, illegal.
AIR Law Lines - Point Extract
(A)
Civil & Constitution
Civil Procedure Code
Examination Of Parties By Court
Order Striking Off Written Statement For Non-appearance Of Parties - Legality
— Trial court striking off written statement due to non-appearance of defendant — No court can compel parties to appear before anybody for having out of court settlement — No provision in CPC to penalize party who fails to appear before any authority for exploring possibility of out of court settlement as enumerated under S. 89, CPC — Directing parties to appear for exploring chances of settlement not coming under purview of R. 4 of O. 10 — Order striking off written statement, illegal.
In Headnote:
-
(E) Civil P.C. (5 of 1908) , O.10 R.2— Oral
examination ofparty - EnablesCourt to narrow down
In Headnote:
- ) O. 10 , Rr. 4(2), 2 —
Examination ofparty byCourt — In case of pleader unable to answer material
In Judgment Text:
- by exercising powers u/ S. 482 Cr. P.C. to accord permission to compound the offence after
examining theparties - in
Court and after satisfying about the voluntary nature of the settlement and the consequent filing
J
J
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