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TUSHAR RAO GEDELA
Sunder Bhati – Appellant
Versus
Anil Choudhary – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
[The proceeding has been conducted through Hybrid mode]
CM APPL. 56390/2022 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application is disposed of.
CM(M) 1472/2022 & CM APPL. 56391/2022 (for stay)
3. Mr. Rajesh Kumar Singh, learned counsel appearing for the petitioner challenges the order dated 21.07.2022, whereby the learned Trial Court has permitted the respondent/ plaintiff to file an appropriate application for correction to be carried out with respect to the pecuniary jurisdiction for purposes of relief of declaration and also to modify the relief as sought in the plaint.
4. Learned counsel for the petitioner submits that on 09.06.2022, the application under Order 7 Rule 11 of the CPC, 1908 filed by the petitioner was heard and an order was passed, however, without deciding the application under Order 7 Rule 11 of the CPC in a logical manner. He submits that the learned Trial Court in the penultimate paragraph gave an advisory to the respondent/ plaintiff which was not necessary in the facts and circumstances of the case.
5. Learned counsel also informs that in pursuance of the impugned order, the respondent/ plaintif
The Court has the discretion to direct the petitioner to file a reply to an application under Order 6 Rule 17 of the CPC, 1908 before the Trial Court.
The importance of complying with judicial directions and the requirement for the Trial Court to first pass orders on the application under Order I Rule 10 of the CPC, 1908 before considering other ap....
The court has the discretion to allow the amendment of pleadings under Order VI Rule 17 CPC, and parties have the right to challenge the dismissal of applications under Order VII Rule 11 CPC before t....
The main legal point established is the need for a liberal approach in allowing amendments to pleadings for just and effective adjudication, and the emphasis that a hyper technical approach should no....
Timely hearing of applications in civil proceedings is essential, with courts expected to adhere to deadlines and avoid unnecessary delays.
The court has the discretion to allow exemption from filing certified copies of annexures, subject to all just exceptions, and can direct the disposal of urgent matters in accordance with law.
A party has the liberty to withdraw an application under Order VI Rule 17 of CPC, 1908 and file a fresh one, subject to the law of limitation.
The Court emphasized the necessity of filing cases in the appropriate jurisdiction, highlighting procedural delays should not hinder access to justice.
Urgent disposal of interim applications under relevant civil procedure rules.
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