SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(UK) 364

SHARAD KUMAR SHARMA
V. B. Autosales (P) Ltd. – Appellant
Versus
Hamendra Kumar Agarwal – Respondent


Advocates:
Advocate Appeared:
For the Revisionist :Mr. Siddhartha Singh, Advocate
For the Respondent:Mr. Piyush Garg, Advocate

JUDGMENT :

Prior to dealing with the respective arguments which had been extended by the learned counsel for the parties to the present civil revision, which has been preferred under Section 25 of the Provincial Small Causes Courts Act, few facts, which are apparent on record in view of the findings, which are recorded in the impugned order dated 08.12.2020, are required to be dealt with initially before dealing with the rival contentions, which has been argued by the learned counsel for the parties based on the interpretation given to the provisions contained under Order 15 Rule 5 of the CPC.

2. In fact, as a consequence of the institution of the proceedings under Section 15 of the Provincial Small Causes Courts Act, the issue which was agitated, was pertaining to as to what effect or bearing will the non compliance of the provisions of Order 15 Rule 5 of the CPC, would have, for the purposes of striking of the defence in the instant case, which was only confined to be attracted for the purposes of determination of the rent, which the revisionist was otherwise supposed to pay in the light and spirit of the provisions contained under Order 15 Rule 5 of the CPC, because there are thre

                Click Here to Read the rest of this document
                1
                2
                3
                4
                5
                6
                7
                8
                9
                10
                11
                SupremeToday Portrait Ad
                supreme today icon
                logo-black

                An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                Please visit our Training & Support
                Center or Contact Us for assistance

                qr

                Scan Me!

                India’s Legal research and Law Firm App, Download now!

                For Daily Legal Updates, Join us on :

                whatsapp-icon telegram-icon
                whatsapp-icon Back to top