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october 2008

Supreme Court of India · 2008-10-01

Haldiram Bhujiawala & Anr vs M/S. Haldiram (India) Pvt.Ltd

Court
Supreme Court of India
Petitioner
Haldiram Bhujiawala & Anr
Respondent
M/S. Haldiram (India) Pvt.Ltd
Bench
B. Sudershan Reddy, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the trial court erred in allowing an amendment application that effectively addressed the merits of the case, as it should not have relied on the merits at this stage. The Court clarified that the burden of proof regarding the execution and contents of the deed of dissolution lies with the respondent, and if a prima facie case of forgery is established, the appellants may file an additional written statement. The Court directed the trial court to expedite the hearing of the suit and emphasized the need for a day-to-day trial, disposing of the civil appeals with no order as to costs.

Haldiram Bhujiawala & Anr vs M/S. Haldiram (India) Pvt.Ltd · Niyam