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Sorabji Medora Vs. Oriental Life Assurance Co. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported inAIR1944Bom351; (1944)46BOMLR767
AppellantSorabji Medora
RespondentOriental Life Assurance Co.
Excerpt:
practice-affidavit-prolixity-attorneys filing prolix affidavits-penalty-costs, disallowing of.;the attorneys of a party should refrain from filing a prolix affidavit containing unnecessary and argumentative matter, or else they are liable to be penalised in costs. - leonard stone, kt., c.j.1. we consider that in this case leave to appeal to the privy council ought to be given.2. before parting with the matter, we desire to point out the undesirability of the prolix affidavit filed on behalf of the respondents, which contains a great deal of unnecessary and argumentative matter. we shall not take any drastic step in this case; but for the future we give this warning that if any such lengthy and argumentative affidavits are put in unnecessarily, we may penalise the attorney of the party who puts in any such affidavit by disallowing his costs.3. certificate granted in terms of prayer (a). costs, costs in the appeal to the privy council.
Judgment:

Leonard Stone, Kt., C.J.

1. We consider that in this case leave to appeal to the Privy Council ought to be given.

2. Before parting with the matter, we desire to point out the undesirability of the prolix affidavit filed on behalf of the respondents, which contains a great deal of unnecessary and argumentative matter. We shall not take any drastic step in this case; but for the future we give this warning that if any such lengthy and argumentative affidavits are put in unnecessarily, we may penalise the attorney of the party who puts in any such affidavit by disallowing his costs.

3. Certificate granted in terms of prayer (a). Costs, costs in the appeal to the Privy Council.


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