SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(Raj) 1700

DINESH MEHTA
Omprakash – Appellant
Versus
Yash Motars Registered Partnership Firm – Respondent


Advocates Appeared:
For the Appellant :Mr. V.N. Kalla, Advocate.

ORDER :

Dinesh Mehta, J.

By way of the present writ petition, the petition has laid challenge to the order dated 7.4.2017 passed by learned Addl. District Judge No. 3, Bhilwara (hereinafter referred to as 'Trial Court'), whereby the petitioner's application dated 19.11.2016 filed under Order 6, Rule 17 of the Code of Civil Procedure, 1908 has been rejected.

2. The facts necessary for the adjudication of present writ petition are that the plaintiff-respondent had filed a suit for recovery of a sum of Rs. 4,30,627/- against the petitioner-defendant on 20.5.2011.

3. The petitioner-defendant had submitted his written statement on 24.11.2012, however it was decreed ex-parte, vide judgment and decree dated 26.5.2014. Subsequent thereto the said ex-parte decree came to be set aside by the Trial Court, vide its order dated 16.9.2016.

4. After recalling of the ex-parte decree, the petitioner moved an application dated 19.11.2016, and sought amendment in the written statement inter alia, on the ground that the said written statement had been got typed on the blank papers, by his counsel, though signed by him. It was thus contended that correct and complete facts could not be incorporated in the w




























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top