K. Raja v. v. Prabhakar
Case brief
What is this about?
High Court dismissed writ petition challenging trial court order allowing plaintiff to file additional affidavit. Court upheld permission but directed plaintiff to pay costs for delay and expeditious disposal of the suit.
What did the court decide?
Petition dismissed; plaintiff directed to pay ₹10,000 for delay; trial court ordered to dispose suit within one year.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2023
BEFORE
THE HON’BLE MR. JUSTICE R.NATARAJ
WRIT PETITION No.50178/2015 (GM-CPC)
BETWEEN:
- K.RAJA AGED ABOUT 54 YEARS, S/O LATE KRISHNASWAMY NAIDU NO.32/1, MOORE ROAD, 3RD CROSS, FRASER TOWN, BENGALURU-560 005.
- MRS.LATHASRI AGED ABOUT 46 YEARS W/O K. RAJA, NO.32/1, MOORE ROAD, 3RD CROSS, FRAZER TOWN, BENGALURU-560 005.
- V.THYAGARAJ
AGED ABOUT 31 YEARS S/O LATE M.VENKATESH NAIDU NO.32/1, MOORE ROAD, 3RD CROSS, FRAZER TOWN, BENGALURU-560 005.
- M.KRISHNAN AGED ABOUT 63 YEARS, S/O LATE MUNIRAJU NAIDU NO.15, CHINNAPPA LAYOUT, KEMPAPURA, HEBBAL, BENGALURU-560 024.
Issues for consideration
3 issues framed by the court
Whether the High Court should quash the trial court order allowing additional affidavit under Order XVIII Rule 4 CPC.
Whether permitting additional evidence deprives defendants of opportunity to cross-examine in unopposed affidavit.
Whether trial court must impose compensatory costs for delays caused by filing of additional evidence.
Parties & counsel
- petitioner
K. RAJA
- petitioner
MRS LATHASRI
- petitioner
V. THYAGARAJ
- petitioner
M. KRISHNAN
- petitioner
E. MUNIRATHNAM
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · January
- Registered
- Case no.
- WP/50178/2015
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