Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Pleadings – Filing of – Suit pending for long, multifarious incidental proceedings – Subsequent pleadings filed by the plaintiff in the form of rejoinder taken on record by Trial Court, in supersession of its earlier order whereby such permission was declined – Order set aside by High Court – On appeal, held: Impugned order set aside but the order passed by the Trial Court is modified – On facts, the defendant Nos. 4 to 11 permitted to place on record their further pleadings in the form of sur-rejoinder but only to the extent of new facts, if any, pleaded in the rejoinder filed by the plaintiff – Thus, sur-rejoinder to remain confined to any such fact, if at all, newly pleaded by the plaintiff in the rejoinder – This particular proposition is required to be adopted in the present matter, in view of several features and factors including two significant factors: one, that under the orders passed by Supreme Court, the trial of the suit is to proceed expeditiously while the matter ought to be assigned a specific priority; and second, that on 31.01.2022, Trial Court had indeed framed additional issues for the trial – No further issues are required to be framed in this matter and all other aspects of the matter, particularly those relating to pleadings be examined by the Trial Court at the time of final disposal of the suit – Code of Civil Procedure, 1908. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2022 INSC 1041 |
Petitioner | M/s Prime Properties |
Respondent | Sana Lakshmi Devi (died) Through Her Lrs. & Ors. |
SCR | [2022] 15 S.C.R. 569 |
Judgement Date | 2022-09-29 |
Case Number | 7181 |
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