Avoid bulky synopses, says Supreme Court after 60-page synopsis filed in appeal against 6-page HC order
27/08/2023
New Delhi, Aug 26: The Supreme Court recently stated that parties should avoid filing bulky synopses in cases before it. A bench of Justices Abhay S Oka and Pankaj Mithal observed that pleadings before the apex court should not be voluminous when orders and pleadings in the courts below are brief.
The Court made the observation while upholding a decision of the Karnataka High Court which had concluded that a civil suit was not barred by limitation.
The Court noted that the plaint in the case was only 10 pages long, the order of the trial court ran into 10 pages and the High Court order merely6 pages. But the synopsis of the appeal before the apex court ran into 60 pages.
"We must record here that the plaint runs into 10 pages, the order of the trial court runs into 10 pages and the order of the High Court has 6 pages. However, there are more than 60 pages of synopsis and 27 pages of the SLP. Such a bulky synopsis ought to be avoided," the Court said.
The High Court had upheld a trial court order refusing to reject a plaint for an injunction on the ground of limitation.
The High Court, in its order, had also stressed that plaints cannot be rejected or a suit dismissed as barred by limitation without proper pleadings, framing of issues on limitation and taking evidence. "Question of limitation is a mixed question of fact and law," the High Court had made it clear. This decision was upheld by the Supreme Court on August 21, by way of a 2-page order.
"No case for interference under Article 136 of the Constitution of India is made out. The Special Leave Petition is dismissed. However, the issue of limitation is kept open," the Supreme Court said.
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