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CPC O. 9 R. 2 – Appeal – Appellants did not deposit the costs imposed by way of an earlier order – Taking a serious view of these lapses, the Appellate Court dismissed the appeal as against respondent Nos.2, 3 and 6, by taking recourse to Order 9 Rule 2 CPC – Application seeking recall of the orders dismissed – Order of the Appellate Court, may prove to be fatal, given the fact that they were amongst the plaintiffs in whose favour the suit was partly decreed – In effect, the entire appeal would stand at risk, even if it is continued as against the other respondents – Further, the explanation set out by the appellants in their application demonstrated that the lapses on their part were not serious enough – Order set aside – Petition allowed.

by PLRonline
August 18, 2022
in CPC
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Tags: CPC O. 9CPC O. 9 R. 2
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CPC O. 47 R. 1 – Board cannot be permitted to contend that such material was not available with it at that time and therefore, it should be allowed to now make good the lapses on its part – The levels of competence of the Board’s officers, as per its rules, would have been available with the Board even then – A review application is not the means for a party to improve its case by belatedly producing material that was available with it all along – Further, even if accepted, this contention is of no avail as the warning issued to the writ petitioner was not withdrawn before initiation of the disciplinary proceedings.

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ACR – No basis has been disclosed while commenting upon the reputation of the employee. Such stale and unfounded ACRs could not stand in the way of the plaintiff or the determination of his case for the release of the selection grade and for consideration for promotion.

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ACR - No basis has been disclosed while commenting upon the reputation of the employee. Such stale and unfounded ACRs could not stand in the way of the plaintiff or the determination of his case for the release of the selection grade and for consideration for promotion.

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