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Defect In Survey Number Of Suit Property Is A ‘Formal Defect’

The Supreme Court, in V Rajendran vs Annasamy Pandian, has held that the defect in the survey number of the suit property will constitute to be a “formal defect” within the meaning of Order XXIII Rule 1(3) (a) of Code of Civil Procedure.

The bench comprising of Justices Dipak Misra and R.Bhanumathi observed that the defect in the survey number of the suit property goes to the very core of the subject matter of the suit and the entire proceedings would be fruitless if the decree holder is not able to get the decree executed successfully and thus, the said defect will constitute to be a “formal defect” within the meaning of Order XXIII Rule 1(3) (a) CPC.

Article referred: http://www.livelaw.in/defect-survey-number-suit-property-formal-defect-sc/

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