'Avoid Bulky Synopsis' : Supreme Court Expresses Disappointment At 60 Page Synopsis Filed Against 6 Page HC Order

The Supreme Court recently cautioned against filing of bulky synopses in matters before it. The Apex Court made the observation while considering a Special Leave Petition against an order of the Karnataka High Court. 

The Top Court expressed its disappointment that the order of the High Court that was being challenged only consisted of 6 pages, while the synopsis of the SLP was more than 60 pages. Additionally, the Apex Court also noted that the order of the trial court that was challenged before the High Court contained only 10 pages. 

A division bench of Justice Abhay S Oka and Justice Pankaj Mithal said that such voluminous pleadings must be avoided:

"..we must record here that the plaint runs into 10 pages, the order of the Trial Court runs into 10 pages and the impugned order of the High Court has 6 pages. However, there are more than 60 pages of synopsis and 27 pages of the SLP. Such a bulky synopsis ought to be avoided." the Court recorded in its order. 

In the matter at hand, the defendants in the suit in the court below had filed an application for rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908 on the ground of limitation. The Trial Court had rejected the application, which was challenged in the High Court. The High Court refused to interfere with the order of the court below holding that:

"the law is well settled that the plaint cannot be rejected or the suit cannot be dismissed as barred by limitation without proper pleadings, framing of issue on limitation and taking evidence, for question of limitation is a mixed question of fact and law and on ex-facie reading of the plaint it cannot be held that the suit is barred by time."

The Apex Court dismissed the SLP while affirming the order of the High Court: 

"The Trial Court has already framed the issue of limitation. After having perused the plaint, we agree with the High Court that this was not a case where the plaint could have been rejected on the ground of bar of limitation." the Supreme Court observed.

Case Title: Drakshayanamma and ors vs Girish and ors, Special Leave to Appeal (C) No(s). 18219/2023

Citation : 2023 LiveLaw (SC) 709

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