M/S.Omkar Developers,through Its Partners 1.VISHWASRAO S Patil and Ors. v. Rakesh Ramesh Miraje
Case brief
What is this about?
The High Court dismissed a writ petition challenging an order rejecting an application under CPC Order 26 Rules 10 and 10A. The High Court allowed the rejection on the ground that the petitioners failed to demonstrate due diligence in questioning the validity of the sale deed, as the defects were raised only at the appellate stage without plausible explanation.
What did the court decide?
Writ petition dismissed; impugned order rejecting the application for Commissioner appointed for document examination remains intact.