Supreme Court · 2006 INSC 71 · Decided 3 February 2006

Vidyawati Gupta and ORS. v. Bhakti Hari Nay Ak and ORS.

Court
Supreme Court of India
Citation
2006 INSC 71 · [2006] 2 S.C.R. 9
Case number
CIVIL APPEAL No. 3005/2005
Decided
3 February 2006
Bench
B.P. SINGH, ALTAMAS KABIR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

B -~f Code of Civil Procedure, 1908 (as amended by Amending Act 46 of 1999)-Sections 26 and 129-0rder JV; Rule I-Order VI; Rule 15(4); Order VII-Calcutta High Court Original Side Rules-Chapter Vil; Rule I-Suit c instituted without filing an affidavit as required under the amended provisions of the that the suit is deemed to have been properly instituted only ·with effect from the date of filing of the affidavit and not from the date of initial institution of the suit-Correctness of -Held, amendments in the Code were brought in to eliminate procedural delays-The requirements of

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