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2000 Supreme(Bom) 936

S.G.MAHAJAN
Chandrashekhar Purushottam Rathi – Appellant
Versus
State of Maharashtra & another – Respondent


Judgement Key Points

Certainly. Based on the legal principles and reasoning in the provided document, the paragraph numbers you should highlight are:

  • (!) — for the discussion that the absence of a specific order on the application for leave to dispense with notice does not automatically invalidate the proceedings, especially when conduct indicates implied waiver.

  • (!) — to emphasize that the defendants did not raise any objection or challenge regarding the non-passing of the order on the application, reinforcing the implied waiver.

  • (!) — for the explanation that the defendants' pleadings did not amount to an explicit or deemed waiver, but their conduct and participation suggest implied waiver.

  • (!) — to support the point that the conduct of the defendants, participating in proceedings without objection, indicates waiver of the notice requirement.

  • (!) — to illustrate that procedural irregularities, such as not passing an order, do not necessarily affect the jurisdiction or merits if conduct indicates waiver.

  • (!) — for the reasoning that procedural irregularities do not affect the case's merits or jurisdiction when there is implied waiver.

  • (!) — to reinforce that procedural defects, like not issuing notice, do not warrant remand if conduct suggests waiver and the case should be decided on merits.

These paragraphs collectively support your argument that the defendants' conduct amounted to an implied waiver of the notice requirement under Section 80, and that the case should be decided on its merits rather than on procedural technicalities.


JUDGMENT - S.G. MAHAJAN, J.:---Since both the parties in this appeal consented for the final disposal of this case, the matter was fixed for final hearing.

2.The appeal is taken up for final hearing by consent of both the parties.

3.The order impugned in this appeal was passed by the learned 2nd Additional District Judge, Yavatmal, on 13-6-2000 in Regular Civil Appeal No. 192/94 whereby he allowed the said appeal, set aside the judgment and decree in Regular Civil Suit No. 172/92 passed by Civil Judge, Senior Division, Yavatmal, on 30-7-1994 and remanded the matter back to the lower Court, that is to the Court of Civil Judge, Senior Division, Yavatmal, with a direction to return the plaint to the plaintiff, who is the present appellant, for presentation after complying with the provisions of section 80 of the Civil Procedure Code.

4.The Government of Maharashtra through Collector, Yavatmal, issued a demand notice to the plaintiff (present appellant) by making the assessment of his plot as converted from agricultural to industrial use. The stand of the plaintiff was that he was already making the payment in accordance with the assessment for non-agricultural use as per the settlement














































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