Case Note & Summary
The case involved a second appeal filed by the appellant, Prem Nandan Prasad, against the respondents, Bhrigu Nandan Prasad and others. The court noted that defects had been pointed out by the office regarding the appeal. On 23rd August 2010, the court granted the appellant time until the following day to rectify these defects. The court made it clear that failure to do so would result in the automatic rejection of the appeal against the respondents without further reference to a bench. This decision emphasized the importance of adhering to procedural requirements in civil litigation.
Headnote
A) Civil Procedure - Second Appeal - Time for Defect Removal - Code of Civil Procedure, 1908, Section Not mentioned - The court granted time to the appellant to remove defects pointed out by the office, failing which the appeal would be rejected against the concerned respondents without further reference. Held that procedural compliance is necessary for the continuation of the appeal (Paras Not mentioned).
Issue of Consideration
Whether the appellant can be granted time to remove defects in the second appeal.
Final Decision
The court granted the appellant time until the next day to remove the defects, failing which the appeal would be rejected.
Law Points
- Defect removal
- Second appeal procedure
