1. Trial court refused to hear application under Order 1 Rule 8 CPC after permitting amendment, erroneously citing stage bar. (Para 2 )
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2005 Supreme(SC) 1689
SUPREME COURT OF INDIA
R.C. Lahoti, CJI., H.K. Sema, G.P. Mathur, JJ.
Krishnan Vasudevan & Ors. - Appellants
Versus
Shareef & Ors. - Respondents
Civil Appeal No. of 2005 [arising out of SLP(C) No. 8524 of 1998]
Decided On : 18-03-2005
An application under Order 1 Rule 8 of the Code of Civil Procedure can be filed at any stage of the proceedings, as the rule prescribes no specific timeframe, and must be decided by the trial court on its own merits.
Headnote:(A) Code of Civil Procedure, 1908 - Order 1 Rule 8 - Stage of filing application - Application under Order 1 Rule 8 does not have a prescribed stage for filing - Trial court ought to hear and decide the application on its own merits regardless of the stage at which it was filed. (Para 3)
Facts of the case:
After the permission of an amendment in the plaint, the plaintiffs filed an application under Order 1 Rule 8 of the Code of Civil Procedure. The trial court refused to hear the application on the grounds that it could not be entertained at that stage. This decision was subsequently upheld by the High Court.
Findings of Court:
The court found that the trial court erred in refusing to hear the application based on the stage of the proceedings, as the relevant provision of the Code of Civil Procedure does not prescribe a specific stage for filing such an application.
Issues: Whether an application under Order 1 Rule 8 of the Code of Civil Procedure can be rejected solely on the grounds that it was filed at a particular stage of the proceedings.
Ratio Decidendi: Order 1 Rule 8, C.P.C. does not prescribe any stage at which the application can be filed. Therefore, the trial court should hear and decide the application on its own merits without regarding the stage at which it was filed. (Para 3)
Result: Appeal is allowed.
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2. Order 1 Rule 8 CPC does not prescribe any stage; application must be heard on merits regardless of stage. (Para 3 )
3. No stage restriction exists for application under Order 1 Rule 8 CPC; it may be filed at any stage. (Para 3 )
4. Appeal allowed; orders of High Court and trial court set aside; application to be heard on merits. (Para 4 )
5. Is there any stage restriction for filing an application under Order 1 Rule 8 of the CPC?
No, the Code does not prescribe any stage; the trial court must hear and decide the application on its own merits regardless of the stage. (Para 3 )
JUDGMENT :
R.C. Lahoti, CJI.
Leave granted.
2. After permitting an amendment in the plaint, the trial court refused to hear an application under Order 1 Rule 8 of the C.P.C. filed by the plaintiffs on the ground that such an application could not be entertained at that stage.
3. Order 1 Rule 8, C.P.C. does not prescribe any stage at which the application can be filed. In our opinion, the trial court ought to have heard and decided the application on its own merits without regard to the stage at which it was filed. The error committed by the trial court should have been corrected by the High Court.
4. The appeal is allowed. The impugned order of the High Court dated 13.10.1997 and the order of the trial court dated 12.11.1996 are both set aside. The application under Order 1 Rule 8, C.P.C. shall be heard and decided on its own merits by the trial court.
