We may gainfully refer to the following observations of this Court in the case of Keshardeo Chamria v. Radha Kissen Chamria and others (1953) 4 SCR 136 while considering the scope of the words ‘material irregularity’, as are found in Section 115 of the Code of Civil Procedure, 1908:
“Reference may also be made to the observations
of Bose, J. in his order of reference
in Narayan Sonaji v. Sheshrao
Vithoba [AIR 1948 Nag 258] wherein it
was said that the words “illegally” and
“material irregularity” do not cover either
errors of fact or law. They do not refer to
the decision arrived at but to the manner
in which it is reached. The errors contemplated
relate to material defects of
procedure and not to errors of either law
or fact after the formalities which the law
prescribes have been complied with.” {Para 33}
34. In the present case, leave apart, there being any
‘material irregularity’, there has been no ‘irregularity’ at all
in the process adopted by the RP as well as the CoC.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.36653666
OF 2020
NGAITLANG DHAR Vs PANNA PRAGATI INFRASTRUCTURE
PRIVATE LIMITED & ORS.
Author: B.R. GAVAI, J.
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