Latha Menon vs Ponnamma on 17 May, 2022
The said order was rendered after
referring to the judgments of the Madras High Court in Latchayya
and another v. Surya Prakasa Rao [AIR 1928 Madras 1165]
and of the Calcutta High Court in B.A. Stores Syndicate v.
Stores and Engineering Supply Company [AIR 1952 (39)
Calcutta 411 (CN 116)]. The said judgments were rendered
prior to introduction of the Explanation to Section 141 of the Code,
which was in the year 1976. Pointing out that in view of the
clarification in the said Explanation that 'proceedings' include
proceedings under Order IX of the Code as well, the matter was
referred to the Division Bench opining that the decision in Seetha
2
O.P.(C) No.3271 of 2019
Ramachandran requires a relook.