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Supreme Court of India 2021-12-16 allowed

IL and FS Engineering and Constructions Company Ltd vs Bhargavarama Constructions & Ors

Bench: 2 — M.R. Shah

In Brief

IL and FS Engineering sued Bhargavarama Constructions for recovery of Rs. 47.9 lakhs. The trial court decreed the suit. The defendants appealed, seeking to implead A.P. Transco as a party. The High Court allowed the impleadment application and automatically set aside the trial court's judgment without discussing the appeal's merits. The Supreme Court held that a First Appellate Court cannot dispose of an appeal by merely allowing an impleadment application without examining its maintainability or considering the appeal on merits. The Court set aside the High Court's order and remanded the matter for proper adjudication in accordance with CPC rules.

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Civil Procedure Appellate Practice Joinder of Parties Code of Civil Procedure

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