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Saturday, June 19, 2010

PUNJAB AND HARYANA HIGH COURT RULES AND ORDER

Volume I, Chapter I, Part B--Civil Procedure Code, 1908, S.100(3), O.41, Rule 2 & 3--Memorandum of Appeal--Rejection of--Amendment after admission of appeal--Memo of appeal not containing substantial question of law as required under Section 100(3) of C.P.C.--Rule 10 of Punjab and Haryana High Court Rules and Orders provides that application under Rule 2, Order 41 CPC, ought to have been moved prior to date fixed for hearing appeal--No such application filed under Order 41, Rule 2 despite the fact that appeal is pending since 1982 and Supreme Court judgment in Kulwant Kaur’s case came in 2001--Adjournment of appeal enabling appellant to move amendment application declined--Memo of appeal rejected under Rule 3 Order 41 C.P.C.; Rajinder Singh & Ors. v. State of Punjab & Ors., ; 2010(1) Law Herald (P&H) 722