Supreme Court: Whether defendant whose defence is struck off is entitled to get copy of amended plaint?

There is something further which must be noted. As can be seen from the record, the Plaintiffs moved an application on 2nd August, 2002 to amend the description of the suit property. The endorsement on the application records that 'the case is proceeding ex parte against the Defendants'. Therefore, a copy of the said application was not served upon the Defendants. As seen from the proceedings, the application was allowed on 2nd August, 2002. Thereafter, the suit was decreed on 24th August, 2002. It is true that before the application for amendment of the plaint was allowed, the Defendants' defence was already struck out. Even if the Defendants' defence was struck out, the Defendants were entitled to a copy of the amended plaint. What was struck out was the right to defend the suit as unamended. Whether the subsequent plaint will affect the earlier order of striking out the defence will depend upon the nature of the amendment. However, even a copy of the amended plaint was not served on the Defendants. {Para 6}

 IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 2394/2023, 

Decided On: 12.09.2024

Ranjit Singh and Ors. Vs. State of Uttarakhand and Ors. 

Hon'ble Judges/Coram:

Abhay Shreeniwas Oka, Ahsanuddin Amanullah and Augustine George Masih, JJ.

Author: Abhay Shreeniwas Oka, J.

Citation: 2024 INSC 724,MANU/SC/1052/2024

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Supreme Court: Decree or order obtained by playing fraud on the Court, Tribunal or Authority is a nullity and non est in the eye of law.

 Constitution of India - Article 141--Doctrine of merger--Recall--All orders passed by Courts/authorities below--Merge in judgment of Supreme Court -- After such judgment, not open to any party to judgment to approach any Court/ authority to review, recall or reconsider order--However, it is subject to exception of fraud--Once established that order obtained by successful party by practising fraud--It is vitiated--It is non-existent and non est and cannot be allowed to stand.

 Finality of litigation - Principle--Cannot be pressed to extent of such absurdity--That it becomes engine of fraud in hands of dishonest litigants.

Ratio: "Fraud is an extrinsic collateral act which vitiates all judicial acts, whether in rem or in personam."

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 5097-5099 of 2004

Decided On: 07.03.2007

A.V. Papayya Sastry and Ors. Vs. Government of A.P. and Ors.

Hon'ble Judges/Coram:

C.K. Thakker and L.S. Panta, JJ.

Author: C.K. Thakker, J.

Citation: AIR 2007 SC 1546,( 2007 ) 4 SCC 221,MANU / SC / 1214 / 2007

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Delhi HC: Whether judgment is vitiated if defendant who was proceeded exparte was not served copy of material amendment to plaint?

 In the following decision, it is held that even if a party is ex parte, and thereafter, if an amendment application is made, then that must be served to the party concerned and if the party remains absent despite notice, then the Court applying its discretion may pass an appropriate order. Reliance is placed on the following judgment:-

M/s. Jharkhand Mines and Industries Ltd. & Anr. vs. Nand Kishore Prasad & Ors., reported in MANU/BH/0058/1969 : AIR 1969 Pat 228

The High Court of Patna while dealing with the effect of passing of an ex-parte decree without service of notice at the time of the amendment of the suit, held as follows:

It was incumbent on the Court to see to it that the notice of the amended plaint was served on the defendants of that suit. The Code of Civil Procedure, in my opinion, casts a duty on the court to see that the defendants are made aware of any amendment in the plaint, whether the amendment be in regard to the addition of parties or in regard to the contents thereof. Unfortunately, the learned Subordinate Judge, who passed the ex parte decree, did not direct any notices to be issued to the defendants with a view to make them aware about the amendment of the plaint. He should have issued such notices and awaited the service report, and, if the defendants so desired, granted them an opportunity to file a written statement before putting up the suit for hearing and disposal, whether ex parte or otherwise. On this ground alone, I am of the opinion that the ex parte decree is vitiated and must be set aside. {Para 28}

 IN THE HIGH COURT OF DELHI

I.A. No. 9047/2011, 

Decided On: 25.05.2012

Flight Centre Travels P. Ltd. Vs. Rahul Nath and Ors.

Hon'ble Judges/Coram:

Hon'ble Mr. Justice Manmohan Singh

 Citation: 2012:DHC:3618,MANU/DE/2202/2012.

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How to use gtk hash for checking correctness of hash value of digital evidence like pen drive and cctv footage produced before the court

 How the Bharatiya Sakshya Adhiniyam, 2023 turned a forensic technique into a statutory requirement. Includes a practical guide to checking hashes with GtkHash.

Introduction

A pen drive or a CCTV clip reaches the courtroom as a bare file. It looks the same whether it is genuine or edited. The law therefore needs a way to show that the file produced in court is the same file that was seized or extracted. That way is the hash value.

The Supreme Court has described a hash value as "synonymous with an electronic fingerprint" that gives "a sure way of identifying and verifying digital data". A hash is produced by running a file through an algorithm such as MD5, SHA-1 or SHA-256. Changing even one bit of the file produces a completely different hash.

From Section 65B to Section 63 BSA

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