9911796707
TMI Blog1996 (10) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... because, the petitioner's learned advocate stated that there are certain other aspects of the case which required to be seriously considered by the court and obviously, the matter had gone by default It was only fair that the court should take these into consideration. The C. R. P. was therefore, re-listed and has been heard by me once again today. This is a case in which, respondent No. 1 alleges that she had deposited a sum of Rs. 6,000 in a high, interest scheme with Deccan Finance Industrial Investment Company who are the second respondents to this C. R. P. The not unfamiliar situation occurred whereby the amount in question became irrecoverable and, therefore, a suit was filed by the first respondent praying for a decree not only aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vocate submits that in so far as the petitioner was a mere employee, the plaintiff herself realised that there was no case against him and a belated attempt was made to amend the plaint on the date of judgment which application was rejected. It is, therefore, submitted that the decree in question must be set aside vis-a-vis the petitioner. On behalf of the respondent, the usual argument is canvassed that she has acted in good faith and was clearly induced by the advertisement and more importantly by the persons who manned the office. These aspects of the matter may be relevant in a criminal court, but as far as a civil court is concerned, it will be necessary to demonstrate that the amount deposited was in fact received or entrusted to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elf that a decree or order made in any case decided by a Court of Small Causes is according to law. . . . , it is very clear that since no other appeal is provided for against such orders, the scope in such instances is much wider than that under section 115 of the Civil Procedure Code. This court while considering this aspect of the matter, had occasion to refer to the well-known decision of the Supreme Court in Hari Shawkar v. Rao Giridhari Lal Chowdhury, AlR 1965 SC 698. As far as this aspect of the matter is concerned, since the law recognises the scope of one appeal or review in almost all proceedings, section 18 does give the High Court the general power to do a total review of the order and under these circumstances, all points t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o not highlight it. What has not been highlighted in the earlier decisions is the fact that there are situations in which limitation gets extended for a variety of reasons including acknowledgments etc., and under these circumstances, there exists a corresponding duty on the part of the litigants and the learned advocates to bring to the notice of the court and particularly the presiding judge, any such serious or basic infirmities which the litigation may suffer from. This is all the more so because, there is every possibility particularly as far as the aspect of limitation is concerned, that if the office has, while scrutinising the plaint, not pointed out this fact, a court may very safely proceed on the footing that there is no such bar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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