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Rani Aloka Dudhoria & Ors vs Goutam Dudhoria & Ors on 5 March, 2009

4. It is thus argued that in the event the accounts commissioner's report as submitted before the learned trial court had not been set aside with a 3 further direction to issue fresh commission after serving notice to both the sides, the present defendant/petitioner would suffer irreparable loss and injury. Placing his reliance upon the reported decision of Rani Aloka Dudhoria and others vs. Gautam Dudhoria and others reported in (2009)13 SCC 569 it is argued that in the said reported decision the Hon'ble Apex Court made it clear that prior to holding commission, notice to all the parties to a suit is a sine qua non. It is thus submitted that since in the case in hand such principle of law has not been followed the instant revisional application may be allowed by setting aside the impugned order.
Supreme Court of India Cites 18 - Cited by 30 - S B Sinha - Full Document
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