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.