Supreme Court of India

State of A.P. and Ors. v. M/s. Pioneer Builders, A.P.

Neutral citation
Reported as [2006] SUPP. 6 S.C.R. 571
Bench H.K. Sema and D.K. Jain JJ.
Decided 25 September 2006

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the considered view that in the absence of any G finding by the High Court on this aspect of the matter. it will not be proper for us to comment on the validity of the order pa,sed by the subordinate Judge on contractor's application seeking amendment of the plaint/petition, particularly when. as noted above, the High Court, in its order dated 13.11.1992.

Judgment, page 14

From the headnote

Code of Civil Procedure 1908; Section 80-Notice under-Non issuance of-No urgent and immediate relief either prayed for or could be granted in the suit-No objection to maintainability taken at the earliest point of time nor such a plea raised in the written statement or additional written statement filed in the suit-Held, knowing fully well about non-issue of notice under Section 80 .P. and having participated in the original proceedings, it was not open to raise a fresh issue as to the maintainability of the suit as it will be deemed to be having waived the objection. · The tender of the

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