Case Note & Summary
The dispute arose from a partition suit filed by Respondent No.1 against the appellant and Respondent No.2, based on a Will dated 3.8.1992. The appellant's defence was struck off by the learned Single Judge of the High Court on 19.12.2005, leading to an appeal by the appellant which was admitted but did not stay the proceedings. The Division Bench ultimately dismissed the First Appeal, and the suit was decided on 1st August 2007, resulting in a judgment and decree. The appellant sought to challenge the order striking off his defence in the context of the final judgment. The court noted that the appellant was seriously ill when the defence was struck off and that the adjournment periods were short. In the interest of justice, the court permitted the appellant to raise the validity of the order in an appeal against the final judgment. The appeal was disposed of with this direction.
Headnote
A) Civil Procedure - Striking Off Defence - Right to Challenge - Code of Civil Procedure, 1908 - The court allowed the appellant to raise the question of validity of the order striking off his defence in an appeal against the final judgment of the learned Single Judge, considering the circumstances of the case including the appellant's illness and the short adjournment periods. Held that this liberty was granted in the interest of justice (Paras 3-4).
Issue of Consideration
Whether the appellant can challenge the validity of the order striking off his defence in an appeal against the final judgment of the learned Single Judge.
Final Decision
The Supreme Court granted the appellant the liberty to raise the question of validity of the order striking off his defence in an appeal against the final judgment of the learned Single Judge.
Law Points
- Civil procedure
- appeal
- striking off defence
- partition suit
- validity of orders
