TMI Blog2022 (9) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... reated as a paper order. The spirit behind the order dated 23.08.2016 passed by this Court is clear that in the event the respondent fails to clear the arrears, he will not be permitted to defend her case and the trial will proceed without her defence. The learned trial Judge has permitted indirectly to do what has been prohibited directly by this Court vide order dated 23.08.2016 - the orders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, direct the respondents to pay occupational charges from 01.05.2006 to 31.08.2016 @ 14000/- per month which workout to sum of Rs.17,36,000/-. Same shall be paid within eight weeks in two installments. First installment will be paid within four weeks' which is a sum of Rs. 8,68,000/- and next installment shall be paid within four weeks, thereafter, which is also a sum of Rs.8,68,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the arrears, the evidence filed in the case shall be struck off and the Court shall proceed in the matter and decide the case as directed by the Court. By an order dated 14.01.2022, the learned Civil Judge (Senior Division) has observed that, by invoking his inherent powers under Section 151 of the Code of Civil Procedure, further cross-examination of PW-1 is reopened on payment of costs. By an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . When an order has been passed by this Court, it has to be given effect in letter and spirit. An order passed by this Court cannot be permitted to be treated as a paper order. The spirit behind the order dated 23.08.2016 passed by this Court is clear that in the event the respondent fails to clear the arrears, he will not be permitted to defend her case and the trial will proceed without her d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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