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august 2013

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.

BAL GOPAL MAHESHWARI vs SANJEEV KUMAR GUPTA · Niyam