Supreme Court · 2007 INSC 44 · Decided 16 January 2007

Ajay Bansal v. Anup Mehta & ORS.

Court
Supreme Court of India
Citation
2007 INSC 44 · [2007] 1 S.C.R. 953
Case number
CIVIL APPEAL No. 230/2007
Decided
16 January 2007
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 105; Constitution Article 227

Headnote

B ... ·-y Code of Civil Procedure, 1908; O.XXXVII rr. 3, 4, 5 and 6 and O.XLI r. 1; ss. 2(2), 2(9), 96 and 105/Constitution of India, 1950; Article 227: Suit for recovery of certain amount with interest-Decreed by Civil c Court-Challenge to-Allowed by High Court-On appeal, Held: An order 227 not maintainable when appeal lies against an order/judgment- Theory of depen.dent order not applicable in such a case-Even if this D Court were to set aside order refusing leave to defend, decree passed may • not fall by itself-It is not proper to interfere with the decree in the

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