Civil procedure code

Querist : Anonymous (Querist) 22 January 2024 This query is : Resolved
what constitutes formal defect under O.23 R.1 (2) ?

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T. Kalaiselvan, Advocate (Expert) 24 January 2024
Formal defect" must be given a liberal meaning which cannot various kinds of defects not affecting the merits of the plea raised by either of the parties....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 23, Rule 1(3) (a) ..

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