https://www.taxtmi.com/caselaws?id=460754 An amended civil procedure regime made an affidavit in support of the plaint mandatory for due institution of a suit, and the later filing of that affidavit cured the defect only from that date. The Original Side Rules could not displace the amended Code, because they remained subordinate to the Code as amended and to the legislative aim of uniform procedure. The deeming provision in Order 4 Rule 3 was treated as controlling, so a plaint filed without the required affidavit was not duly instituted until compliance was completed, and any interlocutory order made before cure could not stand. en-us Wed, 09 Jun 2004 00:00:00 +0530 Sat, 15 Feb 2025 12:38:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=460754 An amended civil procedure regime made an affidavit in support of the plaint mandatory for due institution of a suit, and the later filing of that affidavit cured the defect only from that date. The Original Side Rules could not displace the amended Code, because they remained subordinate to the Code as amended and to the legislative aim of uniform procedure. The deeming provision in Order 4 Rule 3 was treated as controlling, so a plaint filed without the required affidavit was not duly instituted until compliance was completed, and any interlocutory order made before cure could not stand. Case-Laws Indian Laws Wed, 09 Jun 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=460754