Back
TUSHAR RAO GEDELA
Naemuddin – Appellant
Versus
Mohd. Naved Yar Khan – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. The petitioner challenges the order dated 25.11.2021 in CS No. 97202/16 titled `Mohd. Naved Yar Khan Vs. Shri Shahbuddin' whereby the application under Order VI Rule 17, CPC, 1908 as well as application under Order VIII Rule 1A r/w Section 151 CPC, 1908 were dismissed on the ground that the documents as well as the amendment sought were highly belated, in that, almost 12 years had passed from the time cause of action had arisen to seek such reliefs.
2. Mr. Bhasin, learned counsel appearing for the petitioner submits that out of the documents now sought to be filed, the Will dated 14.09.1977 executed by Mohammad Hakim Khan in favour of late defendant No.2 Mr. Shahbuddin was already referred to in the written statement filed by late Shahbuddin on 18.04.2006.
3. Learned counsel submits that having regard to the fact that the said document was already mentioned in the written statement and relied upon by late Shahbuddin, and now the successor in interest i.e. the petitioner/defendant No.3, who is the son of Late Shahbuddin, there was no way the learned Trial Court could have deprived the p
The court considered the delay in seeking amendment of pleadings and the relevance of the documents sought to be filed, highlighting the importance of timely filing and the need for cogent reasons fo....
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....
The admissibility of documents at any stage of the proceedings, the requirement for providing a plausible reason for delay, and the necessity of presenting original or certified copies of documents w....
Belated production of original document central to dispute allowed post-evidence if relevant to real controversy, to serve justice in family Will dispute, subject to costs and limited proof opportuni....
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....
The court held that the provisions of Order VIII Rule 1 CPC are directory, allowing written statements to be filed beyond prescribed delays in exceptional circumstances, particularly to serve the int....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
