Tag: Ratnakar D. Patade And Ors. vs Smita P. Dalvi And Ors. on 9 November
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Suit against court appointed Reciever Sanction u/s 80 CPC sine qua non
In a suit filed against Reciever appointed by court sanction u/s 80 CPC is required – however if leave nto taken before instituion is taken afterwards (leave to continue with suit) then defect is not fatal so as to defeat the very action. Courts should not be hypertechnical. Supreme Court of India Everest Coal Company…