Devi Prasad through Attorney Sandeep Soni v. Dwarika Prasad & Ors.
Case brief
What is this about?
Article 227 petition dismissed upholding Trial Court costs of Rs. 5,000/- per defendant for late filing of list of witnesses; timing of Order XII Rule 6 CPC application weighed against Order XVI Rule 1 CPC fifteen-day deadline fixed at framing of issues on 02.12.2025 in CS DJ No. 269/2025; condonation of 13-day re-filing delay under Section 151 CPC (CM APPL. 24475/2026); evidence affidavits; Devi Prasad v. Dwarika Prasad & Ors.
What did the court decide?
Because the petitioner's application under Order XII Rule 6 of the CPC was moved after expiry of the period fixed by the Trial Court at the framing of issues for filing the list of witnesses and affidavit in evidence, the delay lay with the petitioner; the costs imposed by the Trial Court were therefore proper, the impugned order contains no infirmity and is upheld. ¶27