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by Admin
07 May 2024 2:49 AM
In a significant order, the Supreme Court of India today allowed the impleadment and late submission of documents by the appellants in the civil appeal Nos.1249-1250 of 2024, originating from SLP(Civil) Nos.15634-15635 of 2023. This judgment comes as a relief to Bollam Komala & Ors., the appellants in a property dispute case, against the respondents Perla Komuraiah & Ors.
The bench, comprising Justices Bela M. Trivedi and Pankaj Mithal, overturned the decision of the High Court of Telangana. The High Court had earlier dismissed the revision petitions filed by the appellants, pertaining to the late submission of documents in a case that has been ongoing since 2012.
The Supreme Court observed, "Nonetheless, having regard to the provisions contained in Rule 1A of Order VIII of the Code of Civil Procedure, and having regard to the fact that the documents in question were already referred to by the appellants in their written statement, as also taking into consideration the affidavit filed by the appellants, explaining the reasons as to why the same were not produced earlier, we are inclined to accept the present appeals." This observation highlights the Court's inclination to ensure justice by considering all relevant materials, even if submitted late.
Furthermore, the apex court imposed a cost of Rs. 40,000 on the appellants, directing them to pay the respondents within two weeks. The court underscored the importance of the timely submission of documents but also showed leniency considering the explanation provided by the appellants.
In a directive aimed at expediting the long-pending suit, the Supreme Court ordered, "It is directed that the trial shall be expedited and completed in accordance with law, preferably within six months." The bench emphasized the need for both parties to cooperate with the Trial Court in proceeding further with the trial.
Date of Decision: 25th January 2024
BOLLAM KOMALA & ORS. VS PERLA KOMURAIAH & ORS.
