Allowed
Sandusingh Dalsingh Kakarwal and Ors. v. Mrs Malabai Khushalsingh Dusinge and Anr.
Bombay HCCA/9493/2010
Case brief
AI extract
What is this about?
The court held that an order dated 4th April 2009, though passed on merits, amounts to a dismissal for default under the explanation to Rule 17 of Order 41 CPC. The appeal was restored, and notice to respondents was to be issued.
What did the court decide?
The appeal was restored on its original position and notice to the respondents was directed to be issued before admission on 27th August, 2010.