Rohan Salian v. Naveen R
Case brief
What is this about?
Writ petitions GM-CPC Karnataka HC; Section 151 CPC application to reopen stage and file written statement; setting aside ex-parte decree; restoration of suit via Misc. Petition No.655/2019 and Misc. Petition No.840/2022; defendant's right to put forth defence after restoration; Shankaram Singh v. Election Tribunal AIR 1955 SC 425 relied on by Trial Court; expedited disposal of money recovery suit O.S. No.3540/2018 within three months; LXVI Additional City Civil and Sessions Judge Bengaluru CCH-67; exemplary costs for adjournments; conditional costs Rs.10,000; Articles 226 and 227 Constitution of India.
What did the court decide?
Both writ petitions allowed. The impugned order dated 14.08.2022 on I.A. No.8 in O.S. No.3540/2018 is set aside; I.A. No.8 is allowed and the defendant is permitted to file his written statement, which the Trial Court shall accept and proceed in accordance with law; the Trial Court is directed to dispose of the suit within an outer limit of three months from receipt of the order's copy, with liberty to impose exemplary costs for unnecessary adjournments by the defendant; costs of Rs.10,000/- payable by the defendant on the next date of hearing as a condition precedent.