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november 1989

Supreme Court of India · 1989-11-17

SRI DADU DAYAL MAHASABHA vs SUKHDEV ARYA AND ANOTHER

Citation / case number
SC 1981/63616
Court
Supreme Court of India
Petitioner
SRI DADU DAYAL MAHASABHA
Respondent
SUKHDEV ARYA AND ANOTHER
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court held that a court possesses inherent power to correct its own proceedings if misled by a party, as established in Section 151 of the Code of Civil Procedure. The Court found that the trial court erred in recognizing 'X' as the elected Secretary of the Society, which led to the improper withdrawal of the suit. The Court remitted the matter back to the trial court for reconsideration, emphasizing that the High Court should have exercised its revisional power to rectify the trial court's error.

SRI DADU DAYAL MAHASABHA vs SUKHDEV ARYA AND ANOTHER · Niyam