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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