Allowed

Surendra Nath Singh v. M/S.Babuli Kumar Sishu

Orissa HC6 Dec 2016CMP/991/2016

Case brief

AI extract

What is this about?

This court allowed a revision petition challenging the rejection of an amendment application. It directed the trial court to decide the amendment petition first to prevent prejudice to defendants before adjudicating the rejection petition under Order 7 Rule 11 CPC.

What did the court decide?

Directed the trial court to decide the amendment application first before the rejection application and accept the written statement within sixty days.

This petition challenges the order dated 2.7.2016 passed by the learned Civil Judge (Sr. Divn.), Puri in C.S. No.795 of 2015 vide Annexure-1. By the said order, learned tri al court rejected the application of the plaintiff under Order 6 Rule 17 C.P.C.

The petitioner as plaintiff instituted the suit for a decree of Rs.97,10,000/- against the defendants. Pursuant to issuance of summons, the defendant nos.1, 4 and 5 entered appearance and filed an application under Order 7 Rule 11 C.P.C. for rejection of plaint. The reafter the plaintiff filed an application under Order 6 Rule 17 C.P.C. for amendment of plain t. By order dated 2.7.2016, learned trial court rejected the application for amendment holding , inter alia, that deferring hearing of the petition under Order 7 Rule 11 C.P.C. may cause pr ejudice to the defendants and posted the matter for hearing of the petition under Order 7 Rule 11 C.P.C.

Learned trial court came to hold that the application under Order 7 Rule 11 C. P.C. has been filed at earlier point of time. Keeping the said petition pending and disposing the application for amendment may cause prejudice to the defendants.

In the event the application under Order 7 Rule 11 C.P.C. is allowed, then the plaint will be rejected. Nothing remains to be decided in the application for amendment. In view of the same, learned trial court is directed to take up the applicatio n for amendment first and thereafter decide the application under Order 7 Rule 11 C.P.C. It is open to the defendant nos.1, 4 and 5 to file written statement within sixty days from today. Learned trial court shall accept the same.

Surendra Nath Singh v. M/S.Babuli Kumar Sishu

Case brief

What is this about?

What did the court decide?

Surendra Nath Singh v. M/S.Babuli Kumar Sishu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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