AFGHAN CARPET THROUGH SOLE PROPRIETOR versus HASHWANI HOTELS LIMITED THROUGH DIRECTOR
O IX, Rr 3 and 8 Scope and O IX Applicable, Rr 3 and 8, CPC Where neither party submits a hearing date, the court, in its sole discretion, will either dismiss the case or Can give another such order. As it seems appropriate, judicial discretion should always be used properly for justice, and courts should not be excluded mechanically. As a policy, courts prefer to decide on eligibility matters, if there is any material on record to decide on a merit. In this case, the court can either postpone the hearing or decide on the merits as well as the principles.
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