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M/S Prime Properties vs Sana Lakshmi Devi (Died) Through Her LRs & Ors.

Not available · 2022 INSC 1041Decided 29 Sept 2022
Not available

Background

The appellant had filed civil suits back in 2001 seeking cancellation of certain sale deeds over land in Ranga Reddy District, Telangana: suits that, over two decades, went through amendments, dismissal for non-prosecution, restoration, and repeated impleadment disputes, with the Supreme Court itself twice directing the trial court to conclude the trial within six months. When the plaintiff sought permission to file a rejoinder to the defendants' written statements, the trial court first rejected the request (because the proposed rejoinder document had not actually been placed before it), then reversed itself on a review petition and allowed the rejoinder onto the record. The High Court set aside that reversal, holding the trial court had misused its limited review power to effectively rehear and change its own decision.

Decision Breakdown

The Supreme Court found shortcomings in the reasoning of both the trial court and the High Court, but focused on ensuring the decades-old suit was not derailed further by a procedural skirmish. It held that the rejoinder could remain on record, but to balance fairness to the defendants, allowed them to file a sur-rejoinder: strictly limited to responding to any genuinely new facts introduced in the rejoinder. It directed that no further pleading issues be reopened, that the trial proceed without framing additional issues, and reiterated its earlier direction that the trial be given priority and concluded, if possible, before 31 March 2023.

Lesson Learnt

Courts will not let procedural disputes over pleadings indefinitely stall litigation, especially in decades-old cases; a pragmatic middle path (allowing a rejoinder but permitting a limited reply) is often preferred over prolonging technical arguments about the limits of review powers.

Official source (sci.gov.in)View Judgment (PDF)

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