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Civil Procedure Code , 1908

Civil Procedure Code, 1908 — Or. 41 Rr. 1(3), 5 and Or. 27 R. 8-A — Deposit of decretal amount for maintaining appeal:

ByAdvocate Raji Nathani

Instead of depositing entire decretal amount as directed by High court, the deposit as directed by State Government of Rs 45,00,000 can be taken as sufficient compliance of direction issued by the High Court? Held, deposit of Rs 4500000 would meet the ends of justice.  Thus direction of High Court to deposit entire decretal sum along with interest substituted by direction to deposit Rs 45,00,000.

[State of W.B. v. Adonis Engineers Coop. Construction Society Ltd., (2022) 9 SCC 319]

Related posts:

  1. Civil Procedure Code , 1908
  2. Civil Procedure Code, 1908 — Or. 41 R. 31 — Citing reasons to be assigned for decision by first appellate court in First appeal is the mandatory requirement of compliance with Or. 41 R. 31
  3. Or. 1 Rr. 10,1,3 and 9 as to when principle of dominus litis inapplicable and Or. 6 R. 17: Amendment of suit is not permissible when the same changes the nature of suit
  4. Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex parte eviction decree

By Advocate Raji Nathani

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