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A. VENKATESHWARA REDDY
Paramjeet Singh, S/o. Late Harbhajan Singh – Appellant
Versus
Loyola Educational Society, Rep. by its Correspondents – Respondent
ORDER :
1. These Civil Revision Petition Nos.703 and 721 of 2021 are filed under Article 227 of the Constitution of India assailing the orders in IA No.231 of 2020 and in IA No.232 of 2020 both dated 30.03.2021 in OS No.647 of 2018 on the file of the learned XVII Additional Senior Civil Judge, City Civil Court, Hyderabad. Accordingly, it is proposed to dispose of both the CRPs, through this common order.
2. CRP No.703 of 2020 is filed assailing the order dated 30.03.2021 in IA No.231 of 2020 filed under Section 151 of the Civil Procedure Code (for short ‘CPC’) to reopen the suit for taking the written statement on record in the suit, in the interest of justice. Whereas, CRP No.721 of 2021 is filed assailing the order dated 30.03.2020 in IA No.232 of 2020 filed u/s.151 of CPC to set aside the forfeiture order dated 23.01.2019 in the interest of justice.
3. The trial Court as per the orders in IA No.231 of 2020 reopened the case for the purpose of taking the written statement of defendants on record holding that there are some other suits pending between the same parties, which facts would come into light only after conducting the trial. Similarly, while setting aside the forfeiture ord
The court's jurisdiction under Article 227 is supervisory, allowing for discretion in permitting late defenses under mitigating circumstances, without the ability to substitute the lower court's deci....
The court upheld that an acceptance of a late filed written statement is valid based on prior submissions unless substantial grounds for recall are shown.
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