TUSHAR RAO GEDELA
Greenways Through Its Partner – Appellant
Versus
Late Shri Y. N. Gupta Through Lrs. – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. After some arguments, learned counsel appearing for the parties submit that this Court may pass an order on consent.
2. This would be without prejudice to the rights and contention of either of the parties and in the interest of expediency, as submitted by Mr. Rajat Aneja, learned counsel appearing for the respondent.
3. In view of the submissions made and the joint statement given by the learned counsel above, this Court directs as under :
(a) The impugned order is set aside, and the amended written statement be filed by the petitioner within two weeks from today and the same shall be taken on record by the learned Trial Court.
(b) Under instructions from the respondent, and on the statement of Mr. Rajat Aneja, the original replication would be treated as the replication to the amended written statement for all purposes.
(c) The Trial Court shall take up the application under Order XII Rule 6 CPC of the respondent/plaintiff for hearing on 21.03.2023 and endeavour to dispose of the same as expeditiously as possible, preferably within a period of two months.
(d) Subject to the outcome of th
The court emphasized expediency and the pending nature of the suit in reaching its decision.
Parties may rely on admissions in pleadings for argumentation; courts should expedite resolution of long-pending cases.
The court emphasizes the importance of imposing costs to ensure fairness in civil proceedings, modifying previous orders to enhance justice.
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 court emphasized the importance of allowing parties to file their written statements to uphold justice, particularly when procedural rights have been unjustly forfeited.
The delay in filing written statements should not include the time spent in pursuing legal remedies, and the court may allow written statements to be taken on record subject to the payment of reasona....
Extension of limitation period and effective service date for filing written statement under the Commercial Courts Act, 2015.
The central legal point established in the judgment is the discretion of the courts to permit defendants to file their written statements and the need to decide suits on merits rather than technicali....
Established limits for amending pleadings after trial onset under CPC provisions.
Trial Courts should consider a lenient view for completion of pleadings, especially regarding the filing of written statements beyond the stipulated period, as reiterated by the Supreme Court in prev....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.