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Suresh Kumar Juneja v. Raj Kumar

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1221 of 2016)Decided 12 Feb 2016
Civil Appeal No. 1221 of 2016
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

Suresh Kumar Juneja appealed to the Supreme Court (after the Court granted leave on his Special Leave Petition) in a dispute with Raj Kumar, essentially over the trial court's handling of the defendant's written statement. Counsel for the respondent, Raj Kumar, appeared and the Court heard both sides on the "peculiar facts" of the case.

Decision Breakdown

The Supreme Court allowed the original defendant to file his written statement before the trial court within 10 days of the order. It permitted the respondent to withdraw the cost amount already deposited in the Supreme Court, along with any accrued interest, and additionally directed the appellant to pay the respondent a further Rs. 50,000 as costs within two weeks. With these directions, the appeal was disposed of as allowed, and any pending applications were also disposed of.

Lesson Learnt

Even procedural lapses like a late written statement can sometimes be cured by the Supreme Court on special facts, but typically only on terms: here, by requiring the defaulting party to pay costs to the other side as a condition for being let back into the case.

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

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