Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2014 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (5) TMI 1232 - HC - Indian LawsAmendment of plaint and Order 1 Rule 10 CPC for impleading proposed defendant Nos. 6 to 15 - HELD THAT:- The High Court should not be stressed-out to deal with such a combined application compressed into one impugned order needlessly to unravel causing sheer wastage of its precious time in trying to separate what was so casually and mindlessly mixed-up in a cocktail by virtue of bad advice given by some trial lawyer to his client clubbing two disparate legal elements in a portmanteau application claiming amendment in pleadings and at the same time, in the same papers, seeking to introduce third parties in the pending litigation. Every minute of the High Court's time squandered involves colossal expenditure which is incapable of calculation and therefore recompense. The reward of justice is none other than justice and time consumed in trying to meet it is alone its justification as an end to the means - There is a presumption in law that a lawyer knows the law but there is no absolute presumption that a judge should know law. A judge is only called upon to balance the two sides of an argument presented before him. There are no cogent ground to support the impugned order dated April 4, 2013 or to sustain it and to the contrary I think it is eminently fit to be set aside to avoid a failure of justice. It is accordingly so ordered. The matter is remitted back to the trial Judge for a re-consideration. The respondent/plaintiff is left free to file two separate applications, one under Order 6 Rule 17 and one under Order 1 Rule 10 CPC within a fortnight from the date of receipt of certified copy of this order. The defendants would file replies thereto within the next fortnight. In the circumstances, and in order not to cause any prejudice to either party the fresh applications to be filed by the plaintiff will relate back by fiction to the date of the original misconceived and ill-thought combined application presented in the year 2010 so that neither party is affected by any legal disability arising during the intervening period if it were not so ordered, but if they are filed within the time frame fixed by this Court, as was agreed upon.
|