Patna HC: Disciplinary Authority Cannot Impose Major and Minor Penalties in a Single Order  ||  Calcutta HC: Landlord Decides His Residential Needs; Courts Cannot Set Living Standards in Eviction  ||  Orissa HC: Second Marriage During Subsistence of First Remains Invalid Even After First Wife's Death  ||  Karnataka HC: Appeals Against Acquittal in Bailable Offences Lie Only Before High Court  ||  Supreme Court: Stamp Duty on an Agreement to Sell is Leviable Only if Possession is Transferred  ||  SC: Motive Becomes Irrelevant When Direct Evidence Such as a Dying Declaration is Available  ||  Supreme Court Issues Directions to CoC in Builder Insolvency Cases To Protect Homebuyers’ Interests  ||  MP High Court: Women Retain Reservation Benefits After Marriage if Caste is Recognized in Both States  ||  Allahabad HC: Police Must Prosecute Informants of False Firs, and IOs May Face Contempt if They Fail  ||  MP HP: Over-Age Candidate Cannot Claim Age Relaxation Due to Delay in Earlier Recruitment    

Heidi Joubert v Pierre Joubert - (19 Apr 2024)

An application for a request for further particulars is purely interlocutory

Civil

In present case, the Respondent launched divorce proceedings in the regional court. In addition to defending the matter, the appellant instituted a counterclaim against the respondent for spousal maintenance. The Appellant, furthermore, delivered a notice requesting further particulars requesting the respondent to make, amongst others, full financial disclosure of his earning capacity. The Respondent refused to furnish the same, contending that they are irrelevant for the purposes of trial. Dissatisfied with this reply, the appellant applied for the respondent to be compelled to comply.

On 22 March 2022 the regional court ordered the respondent to answer to the paragraphs so requested in the appellant’s request to compel. The respondent appealed this order. The appeal was heard by the high court which set aside the order to compel. The high court relied on the decision of Rall v Rall, a full court decision of that court, which held that a party could not be required to give particulars in relation to a bare denial. The appellant then petitioned this Court for special leave to appeal against the judgment of the high court.

It is trite that an application for a request for further particulars is purely interlocutory. The regional court’s order compelling discovery was purely interlocutory in nature and had no final effect. Supreme Court affirmed the decision in TWK vs. Hoogveld Boerdery bellegings wherein this Court warned against courts other than the Constitutional Court in adopting the standard of the interest of justice as a foundational basis upon which they decide whether the matter was appealable or not. The high court was obliged to raise the issue of appealability mero motu. It should have struck the appeal before it from the roll as the order of the regional court was not appealable. Consequently, the Supreme Court did not pronounce on the merits of the matter. The order of the high court was set aside. Appeal is upheld.

Tags : SPOUSAL MAINTENANCE   PARTICULAR   FURNISHING OF  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved