SIDDALINGAYYA versus GURI. LINGAPPA & ORS.

SIDDALINGAYYA versus GURI. LINGAPPA & ORS.

The High Court correctly allowed the respondents' appeal and remanded the case to the trial court, providing a further opportunity to file a written statement subject to payment of costs, ensuring substantial justice and applying the principle that procedure must serve to facilitate a fair hearing.

Parties
Appellant: SI JDALINGAYYA; Respondent: GURI. LINGAPPA & ORS.
Jurisdiction
India
Judgment Date
05 September 2017
Procedural Posture
Civil Appeal / Appeal From Remand Order of High Court in a Second Appeal
Outcome
Appeal dismissed
Legal Topics
Opportunity to File Written Statement, Remand, Condonation of Delay, Costs for Delay
Civil Procedure Opportunity to File Written Statement Remand Condonation of Delay Costs for Delay

Case Brief

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Parties

SI JDALINGAYYA

Appellant

GURI. LINGAPPA & ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal From Remand Order of High Court in a Second Appeal

Legal Issues

  1. 1 Whether the High Court was justified in remanding the case to the trial court for affording an opportunity to the respondents to file written statement subject to payment of costs

Ratio Decidendi

The High Court correctly allowed the respondents' appeal and remanded the case to the trial court, providing a further opportunity to file a written statement subject to payment of costs, ensuring substantial justice and applying the principle that procedure must serve to facilitate a fair hearing.

Court Disposition

Appeal dismissed

Orders

  • Trial court directed to issue notice and grant time to defendants to deposit cost of Rs.11,250 and file written statement.
  • Failure to deposit cost or file written statement will revive original decree against defendants.