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october 2008

Supreme Court of India · 2008-10-01

HALDIRAM BHUJIAWALA vs M/S. HALDIRAM (INDIA) PVT.LTD.

Citation / case number
SC 2007/33716
Court
Supreme Court of India
Petitioner
HALDIRAM BHUJIAWALA
Respondent
M/S. HALDIRAM (INDIA) PVT.LTD.
Author
S.H. KAPADIA,B. SUDERSHAN REDDY, , ,
Bench
S.H. KAPADIA,B. SUDERSHAN REDDY, , ,

Judgment text excerpt

The Supreme Court held that the High Court correctly reversed the trial court's decision allowing an amendment application, as the trial court had improperly delved into the merits of the case. The Court emphasized 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 related suit and ensure a day-to-day trial, thereby disposing of the civil appeals with no order as to costs.

HALDIRAM BHUJIAWALA vs M/S. HALDIRAM (INDIA) PVT.LTD. · Niyam