Supreme Court of India · 2007-08-08
M/S Loh Vanizya Udyog Pvt. Ltd vs Rickie Khosla & Anr
- Citation / case number
- AIR 2007 SUPREME COURT 2859
- Court
- Supreme Court of India
- Petitioner
- M/S Loh Vanizya Udyog Pvt. Ltd
- Respondent
- Rickie Khosla & Anr
- Author
- G. P. Mathur
- Bench
- G.P. Mathur, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court held that under Order 33 Rule 1 CPC, the prolonged pendency of an application for permission to sue as an indigent person, lasting over 10 years, warranted the setting aside of an ex-parte order against the defendant. The Court emphasized the importance of allowing the defendant to file a written statement, provided they deposit Rs.10,000 as costs within one month. The appeal was allowed, and the order dated 21.9.2000 was set aside, subject to the conditions imposed.