Search Results Page
Search Results
1 - 4 of 4 (1.21 seconds)Union Of India & Anr vs Balbir Singh & Anr on 5 May, 1998
9. Law is no more res-integra and there has been a long line of decision
of the Apex Court on the subject of Order 22 of the Code of Civil Procedure,
wherein it has been the consistent view that the provisions of Order 22 CPC are not
penal in nature and that it is a rule of procedure and substantial rights of the parties
cannot be defeated by pedantic approach by observing strict adherence to the
procedural aspect of the law. A reference in this regard to the judgment of the Apex
Court passed in case titled "Banwari Lal (D) By Lrs. and another v Balbir
Singh" reported in 2016(1) SCC 607 would be relevant and germane wherein at
Paras-10 and 11, following has been observed and laid down:
S.Amarjit Singh Kalra (Dead) By L.Rs. & ... vs Pramod Gupta (Dead) By L.Rs. & Ors on 17 December, 2002
In Sardar Amarjit Singh Kalra v. Pramod Gupta,
4 OW104 No. 22/2017
(2003) 3 SCC 272, a Five Judge Bench of this Court have
held as under:-
Article 227 in Constitution of India [Constitution]
1