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Supreme Court of India 2017-11-23 dismissed

Orissa State Financial Corporation vs Vigyan Chemicals Industries and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Orissa State Financial Corporation (OSFC) was impleaded as a defendant in a suit on 6 December 1994, after it had taken over certain units. OSFC raised a limitation defence, arguing it was made a party after the suit was time-barred. The plaintiff sought an order under Section 21 of the Limitation Act to treat the impleadment as effective from the original filing date (29 February 1988). The trial court granted this request; OSFC did not challenge the order, and it became final. The High Court upheld the suit's maintainability. The Supreme Court dismissed OSFC's appeal, holding that an unchallenged trial court order that has attained finality cannot be disturbed in subsequent proceedings, and the High Court's affirmation of maintainability was correct.

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Civil Procedure Limitation State Financial Corporations

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