1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2695 OF 2024 (@ SLP(C) No.8230/2021) S. BALAKUMAR & ORS. Petitioner(s) VERSUS V. GOWRISHANKAR & ANR. Respondent(s) O R D E R 1. Leave granted. 2. We are concerned with the impugned order which deals with an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) despite its rejection by the Trial Court by going into the question of fact and law qua limitation, apart from the effect of an order passed in an interlocutory application in the earlier suit permitting the appellant to withdraw the suit with liberty to initiate a fresh one. 3. We are of the view that the High Court has exceeded its jurisdiction by entertaining the said exercise instead of relegating it to trial. 4. In such view of the matter, without expressing anything on merit, particularly, the actual issues based on which the impugned order was passed, we set aside the same, to
2 be decided at the time of trial. 5. The appeal stands allowed and the impugned order of the High Court stands set aside. 6. The suit filed in O.S. No.310/2015 on the file of District Judge, Salem stands restored. 7. We once again make it clear that we have not expressed an opinion on any of the issues raised, including the question of limitation and the effect of the orders passed in the earlier suit. 8. Pending application(s), if any, shall stand disposed of. ……………………………………………………J. [M.M. SUNDRESH ] ……………………………………………………J. [S.V.N. BHATTI] NEW DELHI; 20TH FEBRUARY, 2024
3 ITEM NO.37 COURT NO.14 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8230/2021 (Arising out of impugned final judgment and order dated 05-01-2021 in CRPPD No. 937/2019 passed by the High Court of Judicature at Madras) S. BALAKUMAR & ORS. Petitioner(s) VERSUS V. GOWRISHANKAR & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.72002/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 72002/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 92321/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 20-02-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. K. K. Mani, AOR Ms. T. Archana, Adv. Mr. Rajeev Gupta, Adv. For Respondent(s) Mr. V. Prabhakar, Sr. Adv. Mr. K. S. Mahadevan, Adv. Mrs. Swati Bansal, Adv. Mr. Rangarajan R, Adv. Mr. Aravind Gopinathan, Adv. Mr. Rajesh Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of. (SWETA BALODI) (POONAM VAID) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)
ITEM NO.34 COURT NO.14 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8230/2021 (Arising out of impugned final judgment and order dated 05-01-2021 in CRPPD No. 937/2019 passed by the High Court Of Judicature At Madras) S. BALAKUMAR & ORS. Petitioner(s) VERSUS V. GOWRISHANKAR & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.72002/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.72000/2021-APPLICATION FOR SUBSTITUTION IA No. 92321/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 13-02-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Ms. T. Archana, Adv. Mr. K. K. Mani, AOR Mr. Rajeev Gupta, Adv. For Respondent(s) Mr. V. Prabhakar, Sr. Adv. Mr. K. S. Mahadevan, Adv. Mrs. Swati Bansal, Adv. Mr. Rangarajan .r, Adv. Mr. Aravind Gopinathan, Adv. Mr. Rajesh Kumar, AOR UPON hearing the counsel the Court made the following O R D E R At the request of learned counsel for the petitioner, list on 20.02.2024. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR CUM PS COURT MASTER (NSH)
ITEM NO.41 COURT NO.14 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8230/2021 (Arising out of impugned final judgment and order dated 05-01-2021 in CRPPD No. 937/2019 passed by the High Court of Judicature at Madras) S. BALAKUMAR & ORS. Petitioner(s) VERSUS V. GOWRISHANKAR & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.72002/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.72000/2021-APPLICATION FOR SUBSTITUTION, IA No. 92321/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 30-01-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. K. K. Mani, AOR Ms. T. Archana, Adv. Mr. Rajeev Gupta, Adv. For Respondent(s) Mr. R. Basant, Sr. Adv. Mr. K. S. Mahadevan, Adv. Mrs. Swati Bansal, Adv. Mr. Rangarajan .r, Adv. Mr. Aravind Gopinathan, Adv. Mr. Rajesh Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Learned senior counsel for the respondents seeks some time to file detailed counter affidavit. Two weeks’ time is granted to do so. List the matter on 13.02.2024. (SWETA BALODI) (POONAM VAID) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.50 COURT NO.14 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8230/2021 (Arising out of impugned final judgment and order dated 05-01-2021 in CRPPD No. 937/2019 passed by the High Court of Judicature at Madras) S. BALAKUMAR & ORS. Petitioner(s) VERSUS V. GOWRISHANKAR & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.72002/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.72000/2021-APPLICATION FOR SUBSTITUTION, IA No. 72002/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 92321/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 22-01-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. K. K. Mani, AOR Ms. T.archana, Adv. Mr. Rajeev Gupta, Adv. For Respondent(s) Mr. R Basant, Sr. Adv. Mr. K. S. Mahadevan, Adv. Mrs. Swati Bansal, Adv. Mr. Rangarajan .r, Adv. Mr. Aravind Gopinathan, Adv. Mr. Rajesh Kumar, AOR UPON hearing the counsel the Court made the following O R D E R List the matter on 30.01.2024. (SWETA BALODI) (POONAM VAID) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.40 COURT NO.14 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).8230/2021 (Arising out of impugned final judgment and order dated 05-01-2021 in CRPPD No.937/2019 passed by the High Court of Judicature at Madras) S. BALAKUMAR & ORS. Petitioner(s) VERSUS V. GOWRISHANKAR & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.72002/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.72000/2021-APPLICATION FOR SUBSTITUTION IA No.72002/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No.92321/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 08-08-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. K. K. Mani, AOR Ms. T.Archana, Adv. Mr. Rajeev Gupta, Adv. Mr. Vinay Rajput, Adv. For Respondent(s) Mr. K. S. Mahadevan, Adv. Mrs. Swati Bansal, Adv. Mr. Rangarajan R. Adv. Mr. Rajesh Kumar, AOR UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the respondents seeking an adjournment of four weeks to file counter affidavit, let the matter be listed after four weeks. (SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH)
ITEM NO.21 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. AVANI PAL SINGH Petition(s) for Special Leave to Appeal (C) No(s). 8230/2021 S. BALAKUMAR & ORS. Petitioner(s) VERSUS V. GOWRISHANKAR & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.72002/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.72000/2021-APPLICATION FOR SUBSTITUTION ) Date : 07-12-2021 This petition was called on for hearing today. For Petitioner(s) Mr. K. K. Mani, AOR For Respondent(s) Mr. K.S. Mahadevan, Adv. Ms. Swati Bansal, Adv. Mr. Rajesh Kumar, AOR UPON hearing the counsel, the Court made the following O R D E R Ld. Advocate, Ms. Swati Bansal, appearing on behalf of Mr. Rajesh Kumar, Advocate-on-record for respondent No.1 submits that they could not file the vakalatnama on behalf of the substituted respondent Nos.2/1 to 2/3 and would require one week’s time to do the same. Ld. Counsel for the petitioner submits that since service is complete, one final opportunity may be granted to them to file their vakalatnama and counter affidavit also. Contd….
-2- Upon hearing the Ld. counsels, it is directed that the undertaking of Ld. Advocate, Ms. Swati Bansal to file vakalatnama within one week is accepted and if so filed, time of four weeks thereafter as final opportunity is granted to the said respondents to file their counter affidavits. Respondent No.1 is granted four weeks’ time, as final opportunity, for filing counter affidavit. Service is complete on respondent No.3, but none has entered appearance on behalf of the said respondent. At the end of five weeks, whether vakalatnama/counter affidavit are filed or otherwise, the matter be processed for listing before the Hon’ble Court, as per rules. AVANI PAL SINGH Registrar
ITEM NO.18 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 8230/2021 S. BALAKUMAR & ORS. Petitioner(s) VERSUS V. GOWRISHANKAR & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.72002/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.72000/2021-APPLICATION FOR SUBSTITUTION IA No. 72002/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 92321/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 21-10-2021 These matters were called on for hearing today. For Petitioner(s) Ms T Archana, Adv. Mr. K. K. Mani, AOR For Respondent(s) Mr. Rajesh Kumar, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Respondent no.1 is granted four weeks time for filing counter affidavit. Service is complete on respondent nos. 2/1 to 2/3. Ld. counsel, Ms Swati Bansal appearing on behalf of respondent no.1
-2- Item No.18 submits that she will be appearing for the legal representatives of deceased respondent no.2 as well i.e, 2/1 to 2/3 and seeks one weeks time for filing vakalatnama and four weeks time for filing counter affidavit. Granted. Service is complete on respondent no.3 but none has entered appearance. List again on 7.12.2021. RAJESH KUMAR GOEL Registrar
ITEM NO.5 Court 7 (Video Conferencing) SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8230/2021 (Arising out of impugned final judgment and order dated 05-01-2021 in CRPPD No. 937/2019 passed by the High Court of Judicature at Madras) S. BALAKUMAR & ORS. Petitioner(s) VERSUS V. GOWRISHANKAR & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.72002/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.72000/2021-APPLICATION FOR SUBSTITUTION IA No. 92321/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 23-08-2021 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. K. K. Mani, AOR Ms. T. Archana, Adv. For Respondent(s) Mr. K.S. Mahadevan, Adv. Ms. Swati Bansal, Adv. Mr. Rajesh Kumar, AOR UPON hearing the counsel the Court made the following O R D E R IA No. 72000 of 2021 is allowed. Issue notice. Mr. Rajesh Kumar, learned counsel appearing on behalf of the Caveator-Respondent No. 1. Service be effected on the other respondent(s), returnable in six weeks. (MANISH ISSRANI) (MATHEW ABRAHAM) COURT MASTER(SH) COURT MASTER(NSH)
ITEM NO.6 Court 9 (Video Conferencing) SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8230/2021 (Arising out of impugned final judgment and order dated 05-01-2021 in CRPPD No. 937/2019 passed by the High Court of Judicature at Madras) S. BALAKUMAR & ORS. Petitioner(s) VERSUS V. GOWRISHANKAR & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.72002/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.72000/2021-APPLICATION FOR SUBSTITUTION IA No. 72000/2021 - APPLICATION FOR SUBSTITUTION IA No. 72002/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 16-08-2021 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. K. K. Mani, AOR Ms. T. Archana, Adv. For Respondent(s) Mr. K.S. Mahadevan, Adv. Ms. Swati Bansal, Adv. Mr. Rajesh Kumar, AOR UPON hearing the counsel the Court made the following O R D E R In terms of the letter circulated by the learned counsel for the petitioner, the matter is adjourned to 23.08.2021. (GULSHAN KUMAR ARORA) (MATHEW ABRAHAM) AR-CUM-PS COURT MASTER (NSH)
ITEM NO.4 Court 10 (Video Conferencing) SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8230/2021 (Arising out of impugned final judgment and order dated 05-01-2021 in CRPPD No. 937/2019 passed by the High Court Of Judicature At Madras) S. BALAKUMAR & ORS. Petitioner(s) VERSUS V. GOWRISHANKAR & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.72002/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.72000/2021-APPLICATION FOR SUBSTITUTION ) Date : 06-07-2021 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. K. K. Mani, AOR Ms. T. Archana, Adv. For Respondent(s) Mr. K.S. Mahadevan, Adv. Ms. Swati Bansal, Adv. Mr. Rajesh Kumar, AOR UPON hearing the counsel the Court made the following O R D E R On the prayer of Mr. K.K. Mani, learned counsel for the petitioner, let the matter be adjourned for four weeks. (MANISH ISSRANI) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)