Supreme Court · 1977 INSC 186 · Decided 29 September 1977
Everest Coal Company (P) LTD. v. State of Bihar & ORS.
- Court
- Supreme Court of India
- Citation
- 1977 INSC 186 · [1978] 1 S.C.R. 571
- Case number
- CIVIL APPEAL No. 2224/1977
- Decided
- 29 September 1977
- Bench
- V.R. KRISHNA IYER, JASWANT SINGH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 80
Headnote
Civil Procedure Code (Act V of 1908), Order XL-Leave to Receiver, whether a must-Principle behind obtaining prior leave of which appointed the.Receiver before suing tile Receiver, explained. 571 sue the the court The appellant-plaintiff entered into a contract' with the Receiver defendant State suit. While the appellant was working the mine under the contract, the Receiver-defendant after obtaining the permission of the court which appointed him but without notice to the appellant, cancelled the contract. The appellant sued the Receiver in damages after giving notice u/s. 80
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