Application to set aside a Master's order granting a third-party copy application. Held: Order set aside for lack of notice to the plaintiff and absence of reasons; matter remitted for fresh hearing.
Order dated 28.02.2017 allowing A.No.1291 of 2017 set aside; matter remitted to Master for fresh hearing after notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
Application No.1704 of 2017 in C.S.No.105 of 2011
C.V.KARTHIKEYAN J,
This application has been filed to set aside the order of the learned Master in allowing the application filed by a third party to the suit seeking copy application of suit documents. The said application is A.No.1291 of 2017.
Naturally, when a suit is at that stage and a third party seeks copies of documents, it is necessary that the Master should inform the parties to the suit that the copies are sought by a third party.
However, the learned master has passed one line order stating that
“Heard the applicant counsel and this application is
allowed.”
2
applicant herein, who is the plaintiff, had not been informed and he
C.V.KARTHIKEYAN, J.
vrc
had to be put on notice about the said application. Hence, the said order of the learned Master dated 28.02.2017 is set aside and the matter remitted back to the learned Master and the learned Master to has to decide the matter afresh, after issuing notice and after hearing the applicant.
A.No.1291 of 2017 dated is set aside and this application is allowed.
03.07.2017
vrc
Application No.1704 of 2017
in
3
C.S.No.105 of 2011
2 issues framed by the court
Whether the Master of the Supreme Court could allow a third party copy application without issuing notice to the plaintiff.
Whether a single-line order without reasons constitutes a valid exercise of the Master's discretion.
Applicant (Plaintiff)
Master of the Supreme Court
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
