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

1987 Supreme(All) 192

B.N.SAPRU
MILIND SARAN – Appellant
Versus
VINAI KUMAR – Respondent


Advocates Appeared:
A.N.BHARGAWA, R.K.JAIN

B. N. SAPRU, J.

( 1 ) MILIND Saran Kothiwal was a minor when the suit was instituted against him and others.

( 2 ) ONE Sri Ibne Haider Naqvi, Advocate, was his guardian-ad-litem and he filed a written statement. Milind Saran Kothiwal became a major during the pendency of the suit and made an application before the Court praying that the written statement by him should be cancelled and he should be permitted to file a fresh written statement. This application was rejected by the trial Court. The trial Court held that it will be open to the applicant to apply for amendment of the written statement already filed on his behalf in accordance with the provisions of O. VI, R. 17, C. P. C. and he could not have the written statement already filed cancelled. 2a. It is against this order of the trial Court that this revision has been filed.

( 3 ) SRI Ravi Kiran Jain, the learned counsel for the applicant has contended that the applicant who has now become a major, is entitled, as a matter of law, to an order superseding the previous written statement and allowing him to file a fresh written statement.


( 4 ) UNDER the Civil P. C. , O. VI governs the filing of a written statement, set-off and c














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