Sri. M.C. Suresh v. M/S Comfort Shelters Private Ltd.
Case brief
What is this about?
Keywords: Article 227 writ petition; specific performance of joint development agreement dated 01.09.2008 (O.S.No.5143/2011); sequence of defence evidence; Order XVIII Rule 17 CPC recall application; Order XVIII Rule 3 CPC application to discard examination-in-chief of DW-2; closure of defaulting defendant's evidence on 04.11.2019; final order dated 09.09.2019 directing defendant No.4 to depose first; simultaneous consideration of recall and discarding applications; evidence kept in abeyance; impugned order dated 14.01.2020 set aside; both writ petitions allowed; Karnataka High Court, single judge (Vijaykumar A. Patil, J.), decision dated 10.07.2025; no precedent relied upon.
What did the court decide?
Both writ petitions allowed. The order dated 03.01.2020 is set aside; the Trial Court is directed to consider simultaneously, in accordance with law and after providing sufficient opportunity to the parties, the application filed by defendant No.4 to recall the order dated 04.11.2019 and the application of the petitioner-defendant No.2 under Order XVIII Rule 3 of the CPC seeking to discard the examination-in-chief of DW-2; the impugned order dated 14.01.2020 is set aside to that extent; the evidence of defendant No.4 on record stands kept in abeyance until appropriate order.