Storer Duraisamy Yogendra and others Vs. Velupillai Tharmaratnam and others – S. C. APPEAL NO. 87/09-2011

In the case between the Plaintiff-Appellant-Respondent (a highly qualified academic, the Respondent) and the 1st and 2nd Defendant-Respondent-Appellants (attorneys) along with a 3rd Defendant-Respondent, the Supreme Court addressed the issue of whether the order rejecting a plaint under Section 46(2)(i) of the Civil Procedure Code—on grounds of legal immunity for attorneys—is a final or interlocutory order, and the corresponding proper procedure for appeal under the Civil Procedure Code. The court held that the District Court’s rejection constituted an interlocutory order and not a final judgment, thereby requiring adherence to the appellate procedure under Section 754(2), rather than Section 754(1). The holding reaffirmed the principle that the finality of an order is determined by whethe

REF: S. C. APPEAL NO. 87/09-2011 Category: Tag:
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