Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 - Or. VIII -Written statement - Opportunity to file facts Code of Civil Procedure in suit for recovery by appellant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908 - 01: VIII -· Written statement - Opportunity lo file - C11 facts, in suit for recovery by appellant C . trial court did not grant sufficient opport1mit.1 to respondents to file written statement and decreed the suit agai '1st the respondents - First appeal there against dismissed - Seco11'1 appeal allowed by the High Court, while setting aside prejudgement of two courts below and case remanded.' lo the trial court for deciding the civil suit afresh on merits after affording opportunity lo respondents to D file written statement ~ Imposition of cost of Rs. 11,2501- on respondents to be paid to appellant .Gs a pre-condition for filing the written statement within the extended time - On appeal, held: · Reasoning and the cotillion.~ion arrived at. by High ! Court is justified E F - Time. was granted to respondents to file written. statement initially before closing their right Ip file written statement trial court instead of closing their right to file written tenement should have granted some· time to respondents subject to pay;nent of reasonable amount of cost to the appellant to compensate; the inconvenience caused to the appellant |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 855 |
Petitioner | Siddalingayya |
Respondent | Guri. Lingappa & Ors. |
SCR | [2017] 9 S.C.R. 476 |
Judgement Date | 2017-09-05 |
Case Number | 868 |
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