Supreme Court of India · 2013-08-30
BAL GOPAL MAHESHWARI vs SANJEEV KUMAR GUPTA
- Citation / case number
- SC 2007/32469
- Court
- Supreme Court of India
- Petitioner
- BAL GOPAL MAHESHWARI
- Respondent
- SANJEEV KUMAR GUPTA
- Author
- SUDHANSU JYOTI MUKHOPADHAYA
- Bench
- KURIAN JOSEPH SUDHANSU JYOTI MUKHOPADHAYA
Judgment text excerpt
The Supreme Court held that the High Court's exercise of revisional jurisdiction under Article 227 of the Constitution was justified in restoring the respondent's defense, which had been struck off by the lower courts due to non-compliance with Order XV Rule 5 of the CPC regarding rent deposit. The Court emphasized that while compliance with procedural rules is mandatory, the courts retain discretion to accept late submissions upon imposing costs. The appeal was dismissed, affirming the High Court's decision.