Shree Chaitanya Constructions vs. Sudhir Poonamchand Parakh & Ors. – (SC)

Code of Civil Procedure, 1908–Order 3, Rule 4–High Court recalled the order passed in appeal on the ground that the counsel on behalf of one defendant was appeared without any written vakalatnama–Justification–No written vakalatnama of said defendant was produced before the Court, however, his father and brother, who were the co-defendants, engaged the counsel and he appeared–Suit was for specific performance in which the interest of all defendants was common–Held, impugned order could not have been passed by the High Court.