Back
MAULIK J. SHELAT
Chiragbhai Arvindbhai Desai – Appellant
Versus
Heirs of Pushpaben – Respondent
JUDGMENT (ORAL)
Heard learned advocate Mr. Rashesh Parikh for the petitioner and learned advocate Mr. Mrugen K. Purohit for the respondents Nos. 3 & 4 – original defendant Nos. 3 & 4. Though served, none appeared for rest of respondents.
2. The present application is filed under Article 227 of the Constitution of India seeking following reliefs :-
“A. Your Lordships may be pleased to admit and allow this petition.
B. Your Lordships may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned judgment dated 09.11.2022 passed below Exh. 103 in Civil Suit No. 24 of 1992 passed by 6th Additional Senior Civil Judge at Nadiad.
C. Pending admission, hearing and final disposal of the petition, Your Lordships may be pleased to stay further proceedings of the Civil Suit No. 24 of 1992 pending Nadiad before the 6th Additional Senior Civil Judge at Kada in the interest of justice;
D. Any other and such further relief as may be deemed fit just and proper may kindly be granted in the interest of justice.”
3. The parties will be referred as far as possible as per their original
(1) Amendment in plaint – Issue of limitation would not be a factor to be considered by Trial Court while adjudicating amendment application.(2) By way of clever drafting, plaintiff cannot allow to m....
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
The court reinforced that amendments post-trial initiation are disallowed if barred by limitation, emphasizing the necessity for due diligence in raising claims at the appropriate stage.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
The main legal point established in the judgment is that a suit can be rejected under Order VII Rule 11 of the CPC if it is found to be manifestly vexatious and without merit, and does not disclose a....
The court emphasized that a huge unexplained delay in filing an amendment application, particularly at the concluding stage of a suit, cannot be ignored. It also highlighted the issue of limitation f....
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
