Supreme Court · 2023 INSC 732 · Decided 16 August 2023
Y. P. Lele v. Maharashtra State Electricity Distribution Company LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 732 · [2023] 11 S.C.R. 141
- Case number
- CIVIL APPEAL No. 5155/2023
- Decided
- 16 August 2023
- Bench
- VIKRAM NATH, AHSANUDDIN AMANULLAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
HEADNOTES Issue for consideration: Whether the High Court committed an error in applying the explanation to Or. XVII, r.2 CPC and based upon it held that an application u/Or. IX Rule 13 CPC would not be maintainable as the presence of the defendant would at the time of disposal of the suit. Code of Civil Procedure, 1908 - Explanation to Or. XVII, r.2 and Or. IX, r.13: Held : At the stage when plaintiff 's evidence was being led, counsel for defendants withdrew his vakalatnama - Trial Court directed to proceed u/Or. XVII,
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