M/S PRIME PROPERTIES versus SANA LAKSHMI DEVI (DIED) THROUGH HER LRS. & ORS.

M/S PRIME PROPERTIES versus SANA LAKSHMI DEVI (DIED) THROUGH HER LRS. & ORS.

The High Court's order setting aside the Trial Court's review order was set aside; the rejoinder already filed is to remain on record, but defendant Nos.4 to 11 are permitted to file sur-rejoinder only to the extent of any new facts newly pleaded in the plaintiff's rejoinder; no further issues to be framed; the trial must be assigned specific priority and conducted expeditiously, preferably concluded before 31.03.2023.

Parties
Plaintiff Appellant: M/S Prime Properties; Respondents: Sana Lakshmi Devi (Died) through her LRs. & Ors.
Jurisdiction
India
Judgment Date
29 September 2022
Procedural Posture
Civil Appeal (civil Appeal No. 7181 of 2022) Against High Court Order in CRP No. 204 of 2022 / Appeal to the Supreme Court From High Court Order; Leave Granted; Appeal Disposed of by Judgment of Supreme Court
Outcome
Appeal allowed in part; impugned High Court order dated 14.03.2022 set aside; Trial Court order dated 29.12.2021 made applicable with modification
Legal Topics
Pleadings, Rejoinder, Sur Rejoinder, Review Petitions, Trial Management, Impleadment, Limitation on Review
Civil Procedure Judicial Review Pleadings Rejoinder Sur Rejoinder Review Petitions Trial Management Impleadment +1 more

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Parties

M/S Prime Properties

Plaintiff Appellant

Sana Lakshmi Devi (Died) through her LRs. & Ors.

Respondents

Procedural Posture

Civil Appeal (civil Appeal No. 7181 of 2022) Against High Court Order in CRP No. 204 of 2022 / Appeal to the Supreme Court From High Court Order; Leave Granted; Appeal Disposed of by Judgment of Supreme Court

Legal Issues

  1. 1 Whether the Trial Court rightly reviewed its order and took the plaintiff's rejoinder on record
  2. 2 Whether the High Court rightly set aside the Trial Court's review order
  3. 3 Scope and limits of review under Order XLVII Rule 1 CPC and Section 114 CPC

Ratio Decidendi

The High Court's order setting aside the Trial Court's review order was set aside; the rejoinder already filed is to remain on record, but defendant Nos.4 to 11 are permitted to file sur-rejoinder only to the extent of any new facts newly pleaded in the plaintiff's rejoinder; no further issues to be framed; the trial must be assigned specific priority and conducted expeditiously, preferably concluded before 31.03.2023.

Court Disposition

Appeal allowed in part; impugned High Court order dated 14.03.2022 set aside; Trial Court order dated 29.12.2021 made applicable with modification

Orders

  • Impugned order dated 14.03.2022 set aside
  • Order of Trial Court dated 29.12.2021 to apply with modification