Back
HIGH COURT OF BOMBAY
S. M. MODAK, J
Tarun Keshrichand Shah – Appellant
Versus
M/s. Kishore Engineering Co. – Respondent
| Table of Content |
|---|
| 1. writ petitions challenge city civil court decisions. (Para 1 , 2 , 3) |
| 2. judicial supervisory scope and relevant case law. (Para 19 , 20) |
| 3. judgments addressing party impleadment principles. (Para 21 , 22) |
| 4. criteria for overturning ex-parte orders. (Para 24 , 25) |
| 5. final ruling on writ petitions and court orders. (Para 26 , 43) |
JUDGMENT:-
. By these two writ petitions, the Original Plaintiffs are challenging the Orders passed by the City Civil Court in Suit No. 6117 of 2007 dated 05/10/2018. Those two Orders were passed on two Notice of Motions. They were filed by the Applicant/present Respondent No. 2 whereas present Respondent No. 1 is the sole defendant. Parties are referred to by their original status as per the Suit.
2. The details of those motions are as follows:-
(A) Notice of Motion No. 1346 of 2018 For issuing direction to add applicant as party defendant.
(B) Notice of Motion No. 1925 of 2017 Filed to set aside the Order closed evidence and defendant ex-parte.
3. By the two impugned Orders, the City Civil Court (hereinafter referred to as “Trial Court”) was pleased to allow both these two Notice of Motions. The issue involved in these petitions is :-
a) As to
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
