Supreme Court · 2005 INSC 558 · Decided 10 November 2005
Uday Shankar Triyar v. Ram Kalewar Prasad Singh and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 558 · [2005] SUPP. 5 S.C.R. 157
- Case number
- CIVIL APPEAL No. 6701/2005
- Decided
- 10 November 2005
- Bench
- RUMA PAL, AR. LAKSHMANAN, R.V. RAVEENDRAN (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 41
Headnote
Y SHANKAR TRIY AR A v. RAM KA LEW AR PRASAD SINGH AND ANR. NOVEMBER I 0, 2005 [RUMA PAL, DR. AR. LAKSHMANAN AND R.Y. RAVEENDRAN,'JJ.J B Code of Civil Procedure, 1908: Order 41 Rule 1 and Order 6 Rule 14-0mission or defects in filing Vakalatnama-Effect of-Held: Bona fide omission to file being procedural and curable can be subsequently corrected and should not be allowed to perpetuate injustice-Further Registry/Offices are under a duty to verifY the papers and if they fail, appeal cannot be D rejected-When defect is noticed or pointed out, Court should permit the client to rectifY
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