Supreme Court · 2022 INSC 1072 · Decided 12 October 2022
Mahesh Govindji Trivedi v. Bakul Maganlal Vyas & ORS.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 1072 · [2022] 16 S.C.R. 565
- Case number
- CIVIL APPEAL No. 7203/2022
- Decided
- 12 October 2022
- Bench
- DINESH MAHESHWARI, ANIRUDDHA BOSE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 - Or.VIII, r.6-A - Counter- claim by defendant - Bombay High Court Rules - r.95 - Suit for specific performance filed by respondent-plaintiff - Notice of motion moved by the appellant-defendant to take the belatedly filed counter- by Single Judge - Order set aside by Division Bench - On appeal, held: Rules of procedure are intended to subserve the cause of justice rather than to punish the parties in conduct of their case - The counter-claim in question could not have been removed out of consideration
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