Justice Thakker’s Code of Civil Procedure: The Landmark Commentary Returns in a Fully Updated Edition
Written by: Nilufer Bhateja*
procedural law
“Signed order alone is final and binding; dictated draft can be corrected before signing without rehearing if no material change occurs”: Supreme Court
The Supreme Court held that a digitally signed order is the final and binding order of the Court and that corrections or refinements to a dictated draft before signing are permissible so long as they do not materially alter the judgment.
Can a stranger to a suit, dispossessed of immovable property by decree-holder, seek redelivery? Supreme Court answers
Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.
Statutory substantive right to appeal cannot remain nugatory by giving undue importance to procedural law: J&K and Ladakh HC
The High Court observed that the object of Courts is to decide the rights of the parties and not to punish them for mistakes which are made in the conduct of the cases.