Jami Venkata Suryaprabha vs Tarini Prasad Nayak
Judges (2)
Case Significance
Jami Venkata Suryaprabha vs Tarini Prasad Nayak is a Supreme Court of India decision dated December 9, 2024 (citation: insc-2024-1001). The petitioners (plaintiffs in a specific performance suit) challenged orders rejecting their application under Order XVIII Rule 1 CPC asserting their right to begin leading evidence first. The Supreme Court dismissed the SLP, holding that Order XVIII Rule 1 provides for the plaintiff's right to begin but does not create an obligation on the court, and the court may call upon either party to lead evidence first depending on the circumstances. The bench comprised Justices J.B. Pardiwala and R. Mahadevan. The judgment was delivered by Justice J.B. Pardiwala.
Summary
The petitioners (plaintiffs in a specific performance suit) challenged orders rejecting their application under Order XVIII Rule 1 CPC asserting their right to begin leading evidence first. The Supreme Court dismissed the SLP, holding that Order XVIII Rule 1 provides for the plaintiff's right to begin but does not create an obligation on the court, and the court may call upon either party to lead evidence first depending on the circumstances.
What was the outcome of Jami Venkata Suryaprabha vs Tarini Prasad Nayak?
The petitioners (plaintiffs in a specific performance suit) challenged orders rejecting their application under Order XVIII Rule 1 CPC asserting their right to begin leading evidence first. The Suprem...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-1001)