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july 2019

Supreme Court of India · 2019-07-17

Shre Chaitanya Constructions vs Sudhir Poonumchand Parakh

Citation / case number
AIRONLINE 2019 SC 2659
Court
Supreme Court of India
Petitioner
Shre Chaitanya Constructions
Respondent
Sudhir Poonumchand Parakh
Author
R.F. Nariman
Bench
Surya Kant, Sanjiv Khanna, Rohinton Fali Nariman

Judgment text excerpt

The Supreme Court addressed a specific performance suit where the High Court initially decreed specific performance in favor of the plaintiff but later recalled its judgment due to the absence of a written Vakalatnama for Respondent No.1's counsel. The Court held that the lack of a formal appointment of counsel invalidated the representation, thus allowing the review petition. The ruling emphasized the necessity of proper legal representation and adherence to procedural norms under the Civil Procedure Code, leading to the restoration of the appeal for a fair hearing.

Shre Chaitanya Constructions vs Sudhir Poonumchand Parakh · Niyam