GOVINDARAJU Vs. MARIYAMMA

JUDGEMENT

(1.) The petitioner is before this Court seeking the following prayer -

(2.) The learned counsel for respondents submits that the application under Order VII Rule 11(d) of CPC is filed before the concerned Court at the stage of crossexamination after having filed the written statement and stood by the written statement. Therefore, the application under Order VII Rule 11(d) of CPC though it is worded that it can be filed at any point of time, in either of the proceedings would not mean that it should be entertained when the matter is at the stage of cross-examination.

(3.) The concerned Court owing to the proceedings has rejected the application. The rejection of which does not warrant any interference, in the light of law as laid down by the Apex Court in the case of M/S.BHAGYA ESTATE VENTURES PVT. LTD. VS. NARNE ESTATES PVT. LTD. AND ANOTHER in CIVIL APPEAL NO.4570/2023, DISPOSED ON 11/9/2024, wherein the Apex Court unequivocally holds that when the matter is at the advanced stage of trial, an application under Order VII Rule 11(d) of the CPC should not be entertained. The judgment of the Apex Court reads as follows: