Sanooj vs. Sai Sindhu Traders
Held
The High Court upheld the Munsiff Court's dismissal, finding the application was highly belated and filed at the fag end of the trial with an intention to protract the suit. It noted the petitioner's admission that the GST registration of the proprietorship concern was in his name, and found no error warranting interference.
Facts
The respondent (plaintiff) filed a suit for recovery of dues from the petitioner (defendant), proprietor of 'Sreelakshmi Silks'. During trial, after his cross-examination, the petitioner filed an application to summon a witness and produce a lease deed, which the Munsiff Court dismissed as highly belated.
Key Issues
Whether the Munsiff Court erred in dismissing a belated application to summon a witness and produce a document, filed at the fag end of the trial, especially when the petitioner had already admitted to GST registration in his name.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Aggrieved by Ext.P4 order passed in I.A.No.2582/2022 by the Court of the Principal Munsiff, Palakkd, the defendant in the suit has filed the original petition. The respondent is the plaintiff in the suit.
The facts leading to Ext.P4 order, in brief, are: the respondent has filed the suit against the petitioner for realisation of an amount of Rs.90,180/- with interest. The petitioner has resisted the suit by filing Ext.P2 written state
The judgment continues below.
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