Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 - 0. XXJII r. I (3){a) - Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - 0. XXJII, r. I (3)(a) - Withdrawal of suit - On ground of 'formal defect' in suit - Appellants filed suit for permanent injunction describing suit property with a defective survey number - Thereafter, during trial, appellant filed application u/O. XXIII, r. 1 (3) for withdrawal of the suit - Propriety of - Held: Defect in the survey number of the suit property goes to the very core of the subject matter of the suit and entire proceedings would be fruitless if the decree holder is not able to get the decree executed successfully and thus, the said defect will constitute to be a formal defect' within the meaning of O.XXIII, r. I (3), CFC - Hence, case of appellant would fall u/O.XXIII, r. 1(3)(a). Costs - Enhancement of - Appellants filed suit for permanent injunction in 2004 - After ten years, an application was filed by appellants u!O.XXIII, r. I (3), CFC seeking withdrawal of the suit - Held: Application was filed after substantial progress was made in the suit - In such circumstances, in instant case, while permitting appellant to withdraw the suit, costs of Rs.3000/- awarded by the trial court enhanced to Rs.10, 000/-. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 1257 |
Petitioner | V. Rajendran And Anr. |
Respondent | Annasamy Pandian (d) Thr. Lrs. Karthayayani |
SCR | [2017] 2 S.C.R. 508 |
Judgement Date | 2017-01-24 |
Case Number | 861 |
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