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Regarding a 40-year-old partition case, the SC bench consisting of Justice R.F. Nariman and Justice Navin Sinha ordered that the dispute should be disposed off within a year. In this case, an appeal was filed by one Mr Ram Niranjan Kajaria in a suit originating in 1978. In response to the pleadings of the plaintiff in the original case, the respondent Mr Sheo Prakash Kajaria filed a written statement which was sought to be amended by the petitioners in an application filed in 2004 but that had been rejected by the Calcutta HC.
When appealed before the SC, the court upheld the rejection of the application for amendment of the written statement filed by the petitioners. However, it gave a chance to the respondent to explain the contents of his statement. In response to the order of the court, the respondent took a different stance and made pleas that were present in the amended written statement filed by them.
The Petitioners now claimed that the chance given to the respondents was “grossly misused” by the respondents and presented a comparison of the original statement and what the respondents argued in the SC. The SC judges upheld the contention of the petitioners and held that the respondents have in fact detracted from their original claims made in the written statements and introduced new changes based on the application for amendment filed by them.
While imposing the costs of Rs 50000 on the respondents to pay to the claimants within a week, the Court also ordered the HC to endeavour to dispose off the case within a year by hearing it on day-to-day basis.
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