ALBERT MORRIS vs J.B. SIMONS

The Supreme Court held that the dismissal of the appellant's application under Order IX Rule 13 CPC was erroneous as the Trial Court and High Court failed to grant the same indulgence to the appellant as was given to the respondent. The Court emphasized the need for equity in proceedings, particularly in suits for recovery of money, and allowed the application, directing the appellant to file his written statement within two weeks. The Court also imposed costs of Rs. 25,000 on the appellant to be paid before filing the written statement.