Case Note & Summary
The case involved a civil appeal concerning the application of M/s Loh Vanizya Udyog Pvt. Ltd. against Rickie Khosla & Anr. The dispute arose from a suit instituted on 20.2.1987, which faced significant delays due to the plaintiffs' application under Order 33 Rule 1 of the Code of Civil Procedure, 1908 (CPC) for permission to sue as an indigent person remaining pending for over a decade. The suit was only registered on 10.12.1997 after the plaintiffs paid the requisite court fee. The appellant, as the defendant, sought to set aside an order dated 21.9.2000 that closed their right to file a written statement, arguing that the prolonged delay in the plaintiffs' application justified their request. The court, upon hearing the arguments, recognized the undue delay and allowed the appeal, setting aside the ex-parte order against the appellant. The court directed the appellant to deposit Rs.10,000 as costs in the trial court within one month and granted them six weeks to file their written statement. The court stipulated that failure to pay the costs would result in automatic dismissal of the appeal.
Headnote
A) Civil Procedure - Indigent Person Application - Delay in Application - Order 33 Rule 1 Code of Civil Procedure, 1908 - The plaintiffs' application to sue as an indigent person remained pending for over 10 years, leading to the suit being registered only after court fee payment. The court held that the delay warranted setting aside the ex-parte order against the appellant, allowing them to file a written statement upon payment of costs (Paras Not mentioned).
Issue of Consideration
Whether the order to proceed ex-parte against the appellant should be set aside due to the delay in the plaintiffs' application to sue as an indigent person.
Final Decision
The Supreme Court allowed the appeal, set aside the ex-parte order dated 21.9.2000, and directed the appellant to deposit Rs.10,000 as costs within one month, granting them six weeks to file their written statement.
Law Points
- Indigent person application
- Ex-parte proceedings
- Order 33 Rule 1 CPC
- Right to file written statement
- Costs in civil proceedings
