M/S Laxmi Hardware Store vs Madhu Sudan & Ors on 26 August, 2008
26. The Bombay High Court in Benba Sahadu Modak vs.
Suryakant Vitthal Modal & Ors. ( AIR 2006 (Bombay) 62) held that
if the contents of judgment by appellate court shows that the Court
after applying its mind to the facts and legal aspect involved in the
SB.SECOND APPEAL NO.94/08
(M/s.Laxmi Hardware Store vs.Madhusudan & others)
Judgment dt.26/8/2008
14/17
case showed material compliance of Order 41 Rule 3 CPC and no
prejudice can be said to have been caused to other side on account of
failure to formulate detailed points for determination by the appellate
court which at best would amount to mere irregularity.