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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 the fourth defendant in a recovery suit in 1994 for taking over units under the State Financial Corporation Act, 1951. OSFC challenged the suit as barred by limitation since it was impleaded years after filing. The trial court, under Section 21(1) of the Limitation Act, 1963, ordered that OSFC's impleadment be deemed effective from the original filing date. This order remained unchallenged and final. The High Court upheld the suit's maintainability against OSFC. The Supreme Court affirmed the High Court's order, holding that an unchallenged trial court order that attains finality cannot be disturbed, particularly when the appellate issue is limited to limitation alone.

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Limitation Civil Procedure Impleadment State Financial Corporation

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