Showing posts with label interlocutory application. Show all posts
Showing posts with label interlocutory application. Show all posts

Saturday, 22 December 2018

Whether it is necessary for court to decide all interlocutory applications before proceeding with trial of main suit?

Before parting with this case, it may be observed that the application for amendment of the pleadings was filed by the petitioner in March, 1990. Without passing any order on the said application, the Trial Court stated taking evidence on 4 September, 1990. It is stated by the Counsel for the petitioner that prayer was made before the learned Judge to dispose of the application for amendment of pleadings before proceeding with the recording of evidence but it was not considered. The application for amendment was decided only after more than 11/2 year on 10 October, 1991. I fail to understand why the trial Court did not dispose of the petition for amendment of the pleadings before proceeding with the recording of evidence because the decision on the application for amendment undisputedly would effect the entire litigation. I hope such practice, if in vogue, will be discontinued and all interlocutory applications would be disposed of as expeditiously as possible, in any event before proceeding with the trial of the main suit.

IN THE HIGH COURT OF BOMBAY

Civil Revision Application No. 859 of 1991 in Interlocutory Notice No. 595 of 1991 in L.E. and C. Suit No. 51/68 of 1979

Decided On: 11.02.1994

 Annoo Shetty Vs. Aishabai Hamid Khan

Hon'ble Judges/Coram:
Dr. B.P. Saraf, J.

Citation: 1994(1) LJSOFT 36
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