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.