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1 - 5 of 5 (0.19 seconds)Akshaya Restaurant vs P. Anjanappa And Anr on 27 March, 1995
7. In the instant case, it is not in dispute that affidavit under Order XVIII Rule
4 of CPC was not filed, therefore, trial had not commenced. Further in the case of
Akshya Restaurant (supra) the Apex Court has held that it is a settled law that
even the admission can be explained and even in consistent plea could be taken in
the pleadings.
Smt.Shakuntla Bai vs Rajendra Kumar on 3 November, 2014
6. Learned counsel for the petitioner has also placed reliance on the judgment
passed by the coordinate Bench of this Court in the Case of Smt. Shakuntala Bai
Vs. Rajendra Kumar and others reported in 2014(5) MPHT 415 to contend
that the application is within time since the trial had not commenced. The co-
ordinate Bench has held that filing of affidavits under Order XVIII Rule 4 of CPC
in lieu of examination-in-chief of witness would amount to "commencement of
proceedings".
Article 227 in Constitution of India [Constitution]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
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