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1. ISSUES PRESENTED and CONSIDERED
The core legal question considered was whether the suit filed by the respondents was validly instituted under the amended provisions of the Civil Procedure Code (CPC), specifically concerning the requirement for a plaint to be supported by an affidavit. The Court also examined whether the amendments to the CPC applied to the Original Side Rules of the Calcutta High Court and the implications of non-compliance with these amendments on the interlocutory order granted by the First Court. 2. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents: The amendments to the CPC, effective from July 1, 2002, introduced a requirement that every plaint must be supported by an affidavit as per Section 26(2) and Order 6 Rule 15(4). Order 4 Rule 3 further stipulated that a plaint is not deemed duly instituted unless it complies with these requirements. The amendments aimed to create uniformity and expedite civil proceedings. The Court also considered Section 32 of the CPC Amendment Act, 1999, which repeals any inconsistent provisions made by State Legislatures or High Courts. Court's Interpretation and Reasoning: The Court found that the legislative intent behind the amendments was to ensure uniformity in the procedure for instituting suits across different High Courts. The amendments were deemed mandatory, and any inconsistency with local rules, such as the Original Side Rules of the Calcutta High Court, would be overridden by the amendments. The Court emphasized that the Original Side Rules must be interpreted in harmony with the amended CPC. Key Evidence and Findings: The Court noted that the plaint in question was verified but not supported by an affidavit at the time of its filing, contrary to the requirements of the amended CPC. The respondents admitted this non-compliance and subsequently filed an affidavit during the proceedings before the High Court. Application of Law to Facts: The Court applied the amended provisions of the CPC to the facts, concluding that the suit was not duly instituted at the time of its filing due to the absence of an affidavit. The subsequent filing of an affidavit rectified the defect, but the suit could only be deemed duly instituted from the date of filing the affidavit, not retroactively. Treatment of Competing Arguments: The appellants argued that the suit was not validly instituted due to non-compliance with the affidavit requirement. The respondents contended that the Original Side Rules did not require such an affidavit and that the defect was procedural, not affecting the suit's validity. The Court rejected the respondents' argument, holding that the CPC amendments took precedence over the Original Side Rules. Conclusions: The Court concluded that the suit was not duly instituted until the affidavit was filed on April 28, 2004. Consequently, the interlocutory order granted by the First Court on April 2, 2004, was set aside as it was made at a time when the suit was not validly instituted. 3. SIGNIFICANT HOLDINGS Preserve Verbatim Quotes of Crucial Legal Reasoning: "The legislative intent is unmistakable and the effect of such amendment cannot be diluted and/or ignored by this Court." "Unless the plaint complies with the requirement of the amended provision there will be no due institution of the plaint." Core Principles Established: The amendments to the CPC regarding the requirement of an affidavit with the plaint are mandatory and override any inconsistent local rules. A suit is not duly instituted unless it complies with these requirements, and any rectification of defects does not relate back to the original date of filing. Final Determinations on Each Issue: The interlocutory order of April 2, 2004, was set aside due to the lack of a duly instituted suit at that time. The Court allowed the respondents to file an affidavit, thereby rectifying the defect, but the suit was deemed duly instituted only from the date of filing the affidavit.
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