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J.C. Gupta & Sons, Represented by its Partner Sundeep Kumar Gupta v/s R. Narasimha Reddy, Since deceased by his L.Rs. & Others


Company & Directors' Information:- G. K. & SONS PVT LTD [Active] CIN = U27101WB1973PTC028769

Company & Directors' Information:- C L C AND SONS PRIVATE LIMITED [Active] CIN = U18101DL1997PTC089214

Company & Directors' Information:- B. L. & SONS LIMITED [Active] CIN = U74899DL1995PLC073710

Company & Directors' Information:- B D GUPTA AND SONS PRIVATE LIMITED [Active] CIN = U51909DL1999PTC098666

Company & Directors' Information:- B G SONS PRIVATE LIMITED [Active] CIN = U18101UP1994PTC016493

Company & Directors' Information:- J S AND SONS PRIVATE LIMITED [Active] CIN = U70101DL1996PTC075597

Company & Directors' Information:- O. P. GUPTA & SONS PRIVATE LIMITED [Active] CIN = U74899DL1966PTC004663

Company & Directors' Information:- H K AND SONS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074515

Company & Directors' Information:- B D SONS PVT LTD [Not available for efiling] CIN = U67120PB1980PTC004326

Company & Directors' Information:- K C J SONS PRIVATE LIMITED [Active] CIN = U22122DL2001PTC110679

Company & Directors' Information:- M L D & SONS PVT LTD [Active] CIN = U65993WB1984PTC037130

Company & Directors' Information:- K N M AND SONS PRIVATE LIMITED [Active] CIN = U92199TZ1975PTC000743

Company & Directors' Information:- R.S. GUPTA & COMPANY PVT LTD [Active] CIN = U51109WB1982PTC035202

Company & Directors' Information:- J B GUPTA & SONS PRIVATE LIMITED [Active] CIN = U27320DL1996PTC078144

Company & Directors' Information:- R. B. GUPTA AND SONS PVT LTD [Active] CIN = U74899DL1988PTC030974

Company & Directors' Information:- B R AND SONS PRIVATE LIMITED [Active] CIN = U26943RJ1983PTC002724

Company & Directors' Information:- M. G. SONS LIMITED [Active] CIN = U18101GJ2016PLC093903

Company & Directors' Information:- M. G. SONS PRIVATE LIMITED [Active] CIN = U18101GJ2016PTC093903

Company & Directors' Information:- G D AND SONS PRIVATE LIMITED [Active] CIN = U67120UP2000PTC025457

Company & Directors' Information:- KUMAR SONS PRIVATE LIMITED [Strike Off] CIN = U18101DL1993PTC053432

Company & Directors' Information:- K L SONS PRIVATE LIMITED [Active] CIN = U67120UP1993PTC015414

Company & Directors' Information:- L K SONS PVT LTD [Active] CIN = U21012PB1980PTC004226

Company & Directors' Information:- B SONS (INDIA) PRIVATE LIMITED [Active] CIN = U22110DL1997PTC090730

Company & Directors' Information:- R C AND SONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061275

Company & Directors' Information:- R D & SONS PVT LTD [Active] CIN = U15559WB1958PTC023742

Company & Directors' Information:- F SONS PRIVATE LTD [Strike Off] CIN = U51900WB1982PTC035114

Company & Directors' Information:- K M GUPTA AND SONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1990PTC040453

Company & Directors' Information:- M P SONS PVT LTD [Strike Off] CIN = U70109WB1958PTC023796

Company & Directors' Information:- T J R SONS LIMITED [Under Process of Striking Off] CIN = U74999GJ1997PLC031518

Company & Directors' Information:- N. D. AND SONS PRIVATE LIMITED [Active] CIN = U01100CT2020PTC009997

Company & Directors' Information:- S A K SONS PRIVATE LIMITED [Strike Off] CIN = U52110TZ1985PTC001637

Company & Directors' Information:- J D S SONS PVT LTD [Active] CIN = U24117AS1985PTC002432

Company & Directors' Information:- G C AND SONS PVT LTD [Strike Off] CIN = U72100ML1987PTC002697

Company & Directors' Information:- J J SONS (P) LTD [Strike Off] CIN = U15312UP1976PTC004304

Company & Directors' Information:- S C SONS PVT LTD [Active] CIN = U51909WB1924PTC004937

Company & Directors' Information:- K L GUPTA AND SONS PRIVATE LIMITED [Active] CIN = U74899DL1985PTC022048

Company & Directors' Information:- J V & SONS PVT LTD [Active] CIN = U51420WB1988PTC044171

Company & Directors' Information:- P. V. AND SONS PRIVATE LIMITED [Active] CIN = U74993GJ2018PTC101181

Company & Directors' Information:- K V M AND SONS PRIVATE LIMITED [Strike Off] CIN = U19113TZ1955PTC000074

Company & Directors' Information:- D R K M AND SONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1946PTC000972

Company & Directors' Information:- R N GUPTA AND SONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058804

Company & Directors' Information:- R K SONS PRIVATE LIMITED [Strike Off] CIN = U99999DL1951PTC001975

    W.P. Nos. 37826, 37827 of 2014

    Decided On, 26 September 2018

    At, High Court of Karnataka

    By, THE HONOURABLE CHIEF JUSTICE MR. DINESH MAHESHWARI

    For the Petitioner: V. Ramesh Babu, Advocate. For the Respondent: S. Srinivasa Murthy, Advocate.



Judgment Text


1. The petitioner-firm, being the plaintiff of a civil suit for partition and separate possession of the plaint schedule property (O.S. No.244 of 2003 in the Court of XLIII Additional City Civil Judge, Bengaluru), has preferred these writ petitions against the common order dated 11.07.2014, whereby the Trial Court has decided two applications filed by the parties in the said suit.

2. By way of its order on I.A. No.8 as moved by the defendant, the Trial Court recalled the order of appointment of a Court Commissioner for recording the evidence of PW-1.

3. On the other hand, the Trial Court rejected I.A. No.9 moved by the plaintiff-petitioner for recalling its order dated 29.07.2013, whereby an application moved on behalf of the plaintiff-petitioner, being I.A. No.7, for recalling the earlier order dated 28.05.2012 holding the suit as abated qua the deceased defendant No.1, had been dismissed in default.

4. Learned counsel for the petitioner has moved a memo to the effect that in view of the demise of PW-1, he would not be pressing on the challenge to the impugned common order dated 11.07.2014, insofar relating to I.A.No.8.

5. In view of the submissions so made, these petitions are considered only in relation to I.A. No.9.

6. Having heard the learned counsel for the parties and having perused the material on record, this Court cannot help expressing rather dismay, that the Trial Court, while dealing with the suit for partition, at all chose to record on 28.05.2012 that the suit stood abated qua the deceased defendant No.1, despite the fact that two legal representatives of the deceased defendant No.1 were already on record as defendant Nos.2 and 3; and the matter was pending at the stage where the said defendants were to furnish the names of other legal representatives of the deceased defendant No.1.

7. It is moreover strange that the Trial Court, despite being made aware of the mistake, by way of an application I.A. No.7 dated 01.07.2013, chose to dismiss the said application for default and when the other application for recalling of the said default dismissal of I.A.No.7 was moved, chose to reject the prayer on the premise that engagement of the counsel in another Court hall was not a ground to recall the order passed earlier in dismissal of the application.

8. In a comprehension of the order sheets drawn in the matter, it appears that, at every stage, the Trial Court has proceeded in a wholly cursory and rather superficial manner.

9. In the first place, there could not have been any order treating the suit as abated qua the defendant No.1, when his legal representatives were already on record as the defendant Nos.2 and 3. Even if such an order came to be passed, when the relevant facts were pointed out, the Trial Court should have gracefully accepted its mistake and ought to have put the record straight. However, the Trial Court chose to dismiss the application for default and then refused to reconsider the matter only on hyper-technical grounds. The approach of the Trial Court in this matter could only be disapproved.

10. The rules of procedures are meant to sub-serve the cause of justice and are not intended for punishment of parties. Moreover, in the present case, the initial mistake had been on the part of the Trial Court itself and not on the part of petitioner. In the totality of circumstances, the impugned orders deserve to be set aside.

11. Accordingly and in view of the above

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, the impugned orders dated 11.07.2014 and 29.07.2013 are set aside; the applications filed by the petitioner are allowed; and the order dated 28.05.2012 holding the suit as abated qua the deceased defendant No.1 is also set aside. The Trial Court would be expected to proceed with the matter in accordance with law forthwith. 12. The petition stands allowed accordingly.
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