w w w . L a w y e r S e r v i c e s . i n



Paramount Enterprises Ltd. & Others v/s S.D. Surie (D) Thr. L.Rs.


Company & Directors' Information:- PARAMOUNT CORPORATION LIMITED [Active] CIN = U99999MH1999PLC118070

Company & Directors' Information:- PARAMOUNT LIMITED [Active] CIN = U74120GJ1976PLC002956

Company & Directors' Information:- S S ENTERPRISES PRIVATE LIMITED [Active] CIN = U70103DL1996PTC082981

Company & Directors' Information:- S. U. ENTERPRISES PRIVATE LIMITED [Active] CIN = U92419MH1998PTC117411

Company & Directors' Information:- R.S. ENTERPRISES (INDIA) PRIVATE LIMITED [Active] CIN = U17200WB2007PTC120367

Company & Directors' Information:- S D ENTERPRISES LIMITED [Strike Off] CIN = U15311AS1988PLC002871

Company & Directors' Information:- R S ENTERPRISES PVT LTD [Active] CIN = U15319AS1993PTC003860

Company & Directors' Information:- PARAMOUNT ENTERPRISES LIMITED [Active] CIN = U51909DL1982PLC013410

Company & Directors' Information:- S D ENTERPRISES PVT LTD [Strike Off] CIN = U92490PB1982PTC004802

Company & Directors' Information:- PARAMOUNT (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH1940PTC003215

    C.A. No. 6217 of 2012 (Arising out of SLP (C) No. 32319 of 2011)

    Decided On, 31 August 2012

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE R.M. LODHA & THE HONOURABLE MR. JUSTICE ANIL R. DAVE

    For the Appearing Parties: ----------



Judgment Text

R.M. Lodha, J.

Leave granted.

2. The present Appellants are the Defendant Nos. 1 to 8 in the suit filed by Lt. Col. S.D. Surie (since deceased), now represented by his legal representatives who are Respondent Nos. 1 to 4 in the appeal and shall be referred to collectively as 'plaintiff hereinafter.

3. The original Plaintiff filed a suit for declaration claiming that the alienation and sale certificate of property No. 6, Amrita Shergil Marg, New Delhi was void, illegal and ineffective qua his 1/3rd share in the property.

4. An application (I.A. No. 516 of 1994) was made by the original Plaintiff seeking amendment in the plaint in 1994 whereby alternative prayer for partition was sought to be added. The application was granted on May 26, 2006. As per the order passed by the Court on May 26, 2006, the amended plaint was to be filed within two weeks therefrom and the Defendant Nos. 1 to 8 were permitted to file their amended written statement within four weeks of the filing of the amended plaint. The fact of the matter is that within two weeks from May 26, 2006, the amended plaint was not filed and it was filed on February 7, 2007. The explanation for delay in filing the amended plaint is that Defendant No. 9 was impleaded and some error crept in the order passed by the Court on May 26, 2006 which was corrected on February 2, 2007.

5. Be that as it may, the Defendant Nos. 1 to 8 did not file the amended written statement within the time granted by the court and also for some time thereafter.

6. On April 8, 2008, the Trial Judge closed the right of the Defendant Nos. 1 to 8 in filing their written statement to the amended plaint.

7. An application (IA No. 3637 of 2009) was made by the Defendant Nos. 1 to 8 under Section 151 of Code of Civil Procedure, 1908 for recalling the order dated April 8, 2008.

8. The Trial Judge in the High Court allowed the above application on September 8, 2009 and directed that the amended written statement by Defendant Nos. 1 to 8 be taken on record on their paying costs of Rs.50, 000/- to the Plaintiff within three weeks therefrom.

9. The order dated September 8, 2009 was challenged by the present Respondent Nos. 1 to 4 in an intra court appeal. The Division Bench of the High Court allowed the appeal on September 19, 2011 and set-aside the order dated September 8, 2009.

10. It is from this order that the present appeal has arisen.

11. The issue regarding the maintainability of intra court appeal was raised by the present Appellants (defendant Nos. 1 to 8) before the Division Bench of the High Court. The Division Bench was, however not impressed by the objection on two grounds: (i) impugned order was in the nature of a review of the order dated 8th April, 2008. A order granting review is an appealable order under Order XLVII Rule 7 of the Code of Civil Procedure and thus appeal was maintainable and (ii) order dated 8th April, 2008 sought to negate valuable rights that had accrued and vested in the Appellants when the Defendant Nos. 1 to 8 did not prefer an appeal against the order dated 8th April, 2008 closing its right to file a written statement to the amended plaint.

12. Even if it be assumed that the order dated April 8, 2008 was appealable but that did not preclude the Defendant Nos. 1 to 8 to make an application for recalling the order under Section 151 of the Code of Civil Procedure , 1908 as they were gravely prejudiced by closure of their right of filing amended written statement. The Trial Judge of the High Court was persuaded to recall the order dated April 8, 2008 in the interest of justice. Once the inherent power was exercised by the Trial Judge under Section 151 of Code of Civil Procedure, 1908, we are afraid in an intra court appeal, there was no justification for interference in the just order that advanced the cause of justice.

13. The Trial Judge in the High Court took 12 years in disposal of the application for amendment in the plaint. After the application was granted, the Plaintiff took more than seven months in filing the amended plaint. The progress in the suit had not taken place after the amended plaint was filed. Though there was some negligence on the part of the Defendant Nos. 1 to 8 in not filing the amended written statement swiftly, the Trial Judge was satisfied that the inconvenience to the Plaintiff could be compensated by award of cost of Rs.50, 000/- and exercised discretion and permitted the Defendant Nos. 1 to 8 to file amended written statement within three weeks. We are afraid, there was no justification at all for the appellate Bench to interfere in an eminently just order.

14. Mr. Ashok Sethi, learned Counsel for the Plaintiff cited the decisions of this Court in Nainsingh v. Koonwargee and Ors., AIR 1970 SC 997; State of U.P. and Ors. v. Roshan Singh (D) by L.Rs. and Ors., AIR 2008 SC 1190 : 2008 (1) SCALE 487 and K.K. Velusamy v. N. Palanisamy, (2011) 4 SCALE 61. However, we

Please Login To View The Full Judgment!

find that in the fact situation of the present case, none of the above decisions has any application. 15. For the above reasons, we set-aside the judgment and order dated September 19, 2011 passed by the Division Bench of the Delhi High Court and restore the order of the Trial Judge passed on September 8, 2009. The payment of Rs.50, 000/- shall now be paid by the Defendant Nos. 1 to 8 to the Plaintiff and amended written statement shall be filed within three weeks from today. 16. Appeal is allowed as above with no order as to costs.
O R







Judgements of Similar Parties

21-07-2020 Sanyog Enterprises Pvt. Ltd. Versus Union Territory of J&K & Others High Court of Jammu and Kashmir
30-06-2020 Union Bank of India, Through Shri R. Rajendra Prasad, Branch Manager, Raichur Versus M/s. Tirumala Enterprises, Raichur National Consumer Disputes Redressal Commission NCDRC
15-06-2020 Integrated Enterprises India Ltd. & Another Versus Ippili Krishna Surekha Rao & Another National Consumer Disputes Redressal Commission NCDRC
12-05-2020 Sri Rama Enterprises Versus State Bank of India High Court of Andhra Pradesh
08-05-2020 AVR Enterprises Versus Union of India High Court of Delhi
10-03-2020 M/s. Aarthi Enterprises, Rep. by its Partner Mrs.G. Mythili V/S Southern Railways, Rep. by the General Manager, Chennai & Others High Court of Judicature at Madras
05-03-2020 Commissioner of Income Tax, Udaipur Versus M/s. Chetak Enterprises Private Limited Supreme Court of India
03-03-2020 M/s. Deluxe Enterprises, H.P. Versus Oriental Insurance Company Ltd., Punjab National Consumer Disputes Redressal Commission NCDRC
02-03-2020 M/s. Nitish Enterprises, Stockist & Commission Agents, Vaikam & Others Versus Karnataka Soaps & Detergents Ltd, having its Registered office at Bangalore, Regional cum Branch office at Chennai, Rep. by its Authorized Representative, S. Muthaian High Court of Judicature at Madras
02-03-2020 M/s. Marath Enterprises & Crushers Pvt Ltd., Palakkad District, Represented By Its Managing Director, T.K. Subramaninan Versus The State Enviornment Impact Assessment Authority, Represented by Its Secretary, Thiruvananthapuram & Another High Court of Kerala
28-02-2020 M/s. S.S. Enterprises, Rep. by its Proprietrix S. Sumathi, Through her power agent R. Sivaramakrishnan Versus The District Collector, Erode High Court of Judicature at Madras
27-02-2020 Prosound Products Partnership Firm, Rep. by its Partner Pradeep Ahuja & Another Versus John Enterprises, Chennai High Court of Judicature at Madras
27-02-2020 M/s. Hansa Enterprises, Rep by its Proprietrix Pinky Jain Versus The Principal Commissioner & Commissioner of Commercial Taxes & Others High Court of Judicature at Madras
26-02-2020 M/s. NUDPL Enterprises Pvt. Ltd., Bangalore Versus Saiprasad Natarajan & Another National Consumer Disputes Redressal Commission NCDRC
25-02-2020 M/s. Zee Telefilms Ltd. (Now Known as Zee Entertainment Enterprises Ltd.) Versus Suresh Productions & Others Supreme Court of India
21-02-2020 CP Cell, Directorate General Ordnance Service, Informant Master General of Ordnance Service, CP Cell/OS Dte, New Delhi V/S M/s AVR Enterprises, Kanpur & Another Competition Commission of India
21-02-2020 Batliboi Renewable Energy Solutions Pvt. Ltd., (Formerly known as Batliboi EnXco Pvt. Ltd.,) Represented by Rajiv, Senior Manager (Accounts) Versus M/s. Sri Vinayaga Enterprises, Represented by its Proprietor R. Ganesan High Court of Judicature at Madras
21-02-2020 BWCI Pension Trustees Limited Versus Estra Enterprises Private Ltd. High Court of Judicature at Madras
18-02-2020 Antikeros Shipping Corporation Versus Adani Enterprises Limited High Court of Judicature at Bombay
18-02-2020 Bharat Sanchar Nigam Limited A Government of India Enterprises, Delhi & Others Versus Gopal Prasad Jaiswal High Court of Chhattisgarh
14-02-2020 The Superintending Engineer, General Construction, TANTRANSCO Ltd., Tatabad, Coimbatore & Another Versus Micro Small Enterprises Facilitation Council and Director of Industries and Commerce, Represented by its Chairman, Guindy & Others High Court of Judicature at Madras
14-02-2020 M/s. Kumar Enterprises A Registerd Partnership Firm, Represented by its Manager R. Shivakumar Versus Union of India, Represented by its Secretary Ministry of Coal & Mines Department of Mines Shastri Bhavan, New Delhi & Others High Court of Karnataka
13-02-2020 Dr. Monidipa Ghosh Versus M/s. Rosni Enterprises Rep. by sole prop., Prabuddha Bhattacharyya & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-02-2020 M/s. Anusha Enterprises Rep.by its Managing Partner C.K.Nafrasimha Rao, Chennai Versus Government of India, Department of Atomic Energy General Services Organisation Kalpakkam & Another High Court of Judicature at Madras
10-02-2020 John Enterprises, Madurai V/S Prosound Products, Rep. by its Partner Pradeep Ahuja, Mumbai & Another High Court of Judicature at Madras
07-02-2020 Syndicate Bank V/S Alaknanda Enterprises and Others. Debts Recovery Tribunal Delhi
04-02-2020 M/s. Siddhi Vinayak Enterprises represented by its Proprietor R. Devika Versus The Senior Divisional Commercial Manager Southern Railway Divisional Railway Manager's Office Commercial Branch, Park Town Chennai High Court of Judicature at Madras
03-02-2020 Bank of Baroda V/S M.S. Enterprises and Others. Debts Recovery Tribunal Aurangabad
31-01-2020 Amazon Seller Services Pvt. Ltd. & Others Versus Amway India Enterprises Pvt. Ltd. & Others High Court of Delhi
24-01-2020 Sri Narasu's Coffee Company Pvt. Ltd., Rep. by its Managing Director, P. Sivanantham, Salem Versus Narasu's Saarathy Enterprises Pvt. Ltd., Rep. by its Managing Director, M.V. Balasubramanian, Salem High Court of Judicature at Madras
21-01-2020 M/s. Harinath Enterprises, rep. by its Proprietor, G. Kaspa Reddy & Others Versus The State of Telangana, rep. by its Prl Secretary, Municipal Administration Department, BRKR Bhavan, Hyderabad & Others High Court of for the State of Telangana
14-01-2020 M/s. Allied Enterprises Versus Rekha Basu & Others High Court of Judicature at Calcutta
10-01-2020 M/s.Zee Entertainment Enterprises Limited, Chennai Versus Nirmal Kumar Maheswari Chennai & Others High Court of Judicature at Madras
10-01-2020 M/s. J.P. Electrical Enterprises Chandrapur Prop. Priyavanda & Others Versus The Maharashtra State Electricity Distribution Co. Ltd. & Another In the High Court of Bombay at Nagpur
09-01-2020 Jaaacsons Enterprises V/S C.C.E. & S.T.-Mangalore Customs Excise Service Tax Appellate Tribunal Regional Bench, Bangalore
02-01-2020 Allahabad Bank V/S Om Sai Enterprises and Others. Debts Recovery Tribunal Patna
02-01-2020 M/s. QuestNet Enterprises India Pvt. Ltd., Represented by Pushpam Appala Naidu & Another Versus The Inspector of Police, Crime Branch CID, Egmore, Chennai & Another High Court of Judicature at Madras
20-12-2019 Global United Shipping India Private Limited, (formerly known as Jalhansa Enterprises Pvt. Ltd.), Represented by its Director, Prem Kumar Menon, Chennai Versus Traffic Manager, Chennai Port Trust, Chennai High Court of Judicature at Madras
18-12-2019 M/s. MCP Enterprises, Thrissur, Represented by Its' Executive Partner, M.C. Mohammed Kutty & Others Versus State of Kerala, Represented by Secretary, Taxes Department, Secretariat, Thiruvananthapuram & Others High Court of Kerala
16-12-2019 M/s. Taranga Technologies, Andhra Pradesh Versus M/s. Neels Enterprises Pvt. Ltd., Represented by its Managing Director, Chennai High Court of Judicature at Madras
06-12-2019 P.T. Joseph, Proprietor, Cheryl Enterprises, Elamakkara, Ernakulam Versus Kabeer Husain Minanna & Others High Court of Kerala
04-12-2019 M/s. S.V. Enterprises Represented by Proprietor M. Srinivas Naidu Versus V. Tulasiram High Court of Karnataka
03-12-2019 M/s. G.S. Enterprises & Another Versus Andhra Pradesh State Financial Corporation & Another High Court of for the State of Telangana
02-12-2019 Union Bank of India Versus Anjali Enterprises & Others Debts Recovery Appellate Tribunal at Allahabad
15-11-2019 M/s. Devashi Enterprises, Rep. by its Proprietor Vasanth Kumar Versus The Joint Commissioner (CT), Enforcement I, Chennai & Others High Court of Judicature at Madras
14-11-2019 Bank of Baroda, Dharampeth, Branch Versus Paramount Conductors Ltd. In the High Court of Bombay at Nagpur
12-11-2019 M/s. Indu Projects Limited, rep. by its Chief Operating Officer, B.V. Bhaskar Reddy Versus Telangana Micro & Small Enterprises Facilitation Council, rep. by its Chairman, Commissionerate of Industries, Hyderabad & Another High Court of for the State of Telangana
07-11-2019 The Regional Provident Fund Commissioner, Employees Provident Funds Organisation, Chennai Versus Deccan Enterprises, Chennai & Another High Court of Judicature at Madras
30-10-2019 Karma Enterprises, Kozhikode, Represented by Its Managing Partner K.M. Sasidharan Versus State of Kerala, Represented by Deputy Commissioner (Law, Commercial Taxes), Ernakulam High Court of Kerala
24-10-2019 Paramount Tea Marketing (SI) Private Limited, Coimbatore Versus Tea Board of India, Represented by its Executive Director, Ministry of Commerce & Industry, Department of Commerce, Govt. of India, The Nilgiris High Court of Judicature at Madras
24-10-2019 Dr. Murali Krishnan, Proprietor, Sri Anjaneya Enterprises, Chennai Versus M/s. Glider Pharma Distributors Pvt. Ltd. Presently known as National Medicines Pvt. Ltd., Rep. by its Managing Director, Naresh Kumar, Chennai & Others High Court of Judicature at Madras
22-10-2019 M/s. Giriraj Enterprises Versus State of Karnataka High Court of Karnataka
22-10-2019 Konkan Irrigation Development Corporation, Kopri Colony, Thane (E) & Another Versus M/s. F.A. Enterprises & Others High Court of Judicature at Bombay
18-10-2019 M/s. Nic Arts, Chennai Versus M/s. Zee Entertainment Enterprises Ltd, Mumbai High Court of Judicature at Madras
18-10-2019 M/s. Shree Senthil Enterprises, Registered Partnership Firm, by its Partner, Chitra Parimala, Coimbatore Versus Employees State Insurance Corporation, Sub-Regional Office, Coimbatore & Another High Court of Judicature at Madras
17-10-2019 Himagiri Enterprises Private Limited Versus The State of Telangana High Court of for the State of Telangana
17-10-2019 Adani Enterprises Limited & Another Versus Union of India, through Secretary Ministry of Home Affairs & Others High Court of Judicature at Bombay
11-10-2019 M/s. Shubham Enterprises Versus K. Srinivas Rao & Others High Court of for the State of Telangana
10-10-2019 Balaji Enterprises, Through Proprietor, Shri K.K. Tomar Versus Oriental Insurance Co. Ltd., Chandigarh National Consumer Disputes Redressal Commission NCDRC
04-10-2019 Ambalal Sarabhai Enterprises Ltd. Versus K.S. Infraspace LLP & Another Supreme Court of India
27-09-2019 The Management of Piramal Enterprises Ltd., Chennai Versus Assistant Commissioner of Labour, (Controlling Authority for the Payment of Gratuity Act), Chennai & Another High Court of Judicature at Madras
05-09-2019 Sher Bahadur Singh Versus Paramount Villas Pvt. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
04-09-2019 Swastika Enterprises, Represented by Its Proprietor Mohanlal Gupta & Another Versus State of Kerala, Represented by Public Prosecutor, High Court of Kerala, Ernakulam & Another High Court of Kerala
03-09-2019 Jiten Chandra Talukdar Versus Union of India, Represented by the Secretary Ministry of Micro & Small Medium Enterprises (MSME), New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
19-08-2019 Pr. Commissioner of Income Tax-7, Mumbai V/S Piramal Enterprises Ltd High Court of Judicature at Bombay
14-08-2019 High Ground Enterprises Ltd. Versus Union of India Through the Secretary, Ministry of Law and Justice, Department of Legal Affairs, Branch Secretariat & Another High Court of Judicature at Bombay
30-07-2019 Vaishali Enterprises, Vaishali & Others Versus The Indian Railway, New Delhi & Others High Court of Judicature at Patna
25-07-2019 Compack Enterprises India (P) Ltd. Versus Beant Singh High Court of Delhi
16-07-2019 The Branch Manager, Kerala State Financial Enterprises Ltd, Chinnakkada Branch, Kollam District Versus S. Jeni Devi Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
12-07-2019 L.G.R. Enterprises, Represented by its Propreitrix Sindu @ Lakshmi & Others Versus P. Anbazhagan High Court of Judicature at Madras
05-07-2019 Anil Enterprises & Another Versus Akash Pateriya Chhatisgarh State Consumer Disputes Redressal Commission Raipur
03-07-2019 Bajaj Alliance General Insurance Company Ltd. Versus Gajanan Pankar Enterprises & Another Goa State Consumer Disputes Redressal Commission Panaji
21-06-2019 M/s. Sunbeam Enterprises & Others Versus The Municipal Corporation of Greater Mumbai & Others High Court of Judicature at Bombay
03-06-2019 M/s. Galaxy Enterprises Versus State of Maharashtra & Others High Court of Judicature at Bombay
31-05-2019 Shabnam Dhillon Versus Zee Entertainment Enterprises Ltd. & Others High Court of Delhi
31-05-2019 M/s. Gopalan Enterprises, A Firm Represented by its Managing Partner C. Gopalan Versus The Deputy Commissioner of Stamps, Bangalore & Others High Court of Karnataka
30-05-2019 Govind Enterprises Versus State of U.P. & Others High Court of Judicature at Allahabad
24-05-2019 The Union of India, Represented by General Manager & Others Versus M/s. Mineral Enterprises Pvt. Ltd., Represented by its Head Logistics, Srinivas Murthy High Court of Karnataka
24-05-2019 Samsung India Electronics Private Limited Versus MGR Enterprises & Others High Court of Delhi
10-05-2019 M/s. Navdhaan Enterprises, Chennai Versus Union of India, Chennai & Others High Court of Judicature at Madras
10-05-2019 Ajay Enterprises Pvt. Ltd. & Others Versus Shobha Arora & Another National Consumer Disputes Redressal Commission NCDRC
01-05-2019 M/s New India Assurance Co. Ltd. & Another Versus M/s. Luxra Enterprises Pvt. Ltd. & Another Supreme Court of India
18-04-2019 Siddhivinayak Enterprises & Another Versus Union of India & Others High Court of Judicature at Bombay
15-04-2019 Dipali Enterprises, Nilanga Versus Sanjay In the High Court of Bombay at Aurangabad
10-04-2019 The Superintendent Regulated Market Committee Panruti Versus Pioneer Cashews Enterprises Rep. by its Proprietor Sivasubramanian & Another High Court of Judicature at Madras
04-04-2019 M/s. Apollo Hospitals Enterprises Limited, Represented by its Manager – Legal Versus State of Tamil Nadu, Rep. by the Principal Secretary to the Government (Public Department) & Others High Court of Judicature at Madras
22-03-2019 Adani Enterprises Limited Versus Antikeros Shipping Corporation High Court of Judicature at Bombay
18-03-2019 M/s. Ruchi Enterprises & Others Versus M/s. Fullerton India Credit Company Ltd. High Court of Delhi
18-03-2019 Mahalingam Exports, Vi. Ka. Industrial Estate, Guindy, Rep. by its Proprietor P. Mahalingam Versus The Govt. of Tamil Nadu, Rep. by Secretary, Department of Micro Small & Medium Enterprises, Secretariat, Chennai & Another High Court of Judicature at Madras
08-03-2019 M/s. Swathi Enterprises Versus The Deputy Commissioner of Income Tax High Court of Judicature at Madras
05-03-2019 Oricon Enterprises Ltd Versus New India Assurance Co. Ltd National Consumer Disputes Redressal Commission NCDRC
05-03-2019 Chowdeshwari Enterprises, Rajarajeshwarinagar, Bangalore & Others Versus State of Karnataka & Others High Court of Karnataka
26-02-2019 M/s. Omega Enterprises, Rep. by its Sole Proprietor Ramiah, Mumbai Versus Ministry of Civil Aviation, Rep. by its Secretary, New Delhi & Others High Court of Judicature at Madras
25-02-2019 Mahaguj Collieries Limited Versus Adani Enterprises Limited High Court of Judicature at Bombay
21-02-2019 M.K. Enterprises Through its Proprietor Moin Khan & Others Versus Municipal Corporation of Greater Mumbai & Others High Court of Judicature at Bombay
14-02-2019 J. Sooryakanth, Sr. Asst (Staff Code 6591) Ksfe Limited, Sreekariyam Branch, Thiruvananthapuram Versus The Kerala State Financial Enterprises Limited, Represented By The Managing Director, Head Office, Thrissur & Others High Court of Kerala
14-02-2019 Central Board of Trustees Versus M/s. Standing Conference of Public Enterprises (Scope) High Court of Delhi
06-02-2019 New India Assurance Co. Ltd Versus New Padma Enterprises & Others National Consumer Disputes Redressal Commission NCDRC
05-02-2019 The State of Tamil Nadu rep. By the Joint Commissioner (CT), Chennai Versus Tvl. Sharada Enterprises, Chennai High Court of Judicature at Madras
21-01-2019 M/s. Jay A.R. Enterprises, Partnership firm having Office at No.7, Chennai Versus M/s. Scraft Traders, Rep by its Proprietor, Kolkotta High Court of Judicature at Madras