Supreme Court · 2003 INSC 94 · Decided 17 February 2003
Banarsi and ORS. v. Ram Phal
- Court
- Supreme Court of India
- Citation
- 2003 INSC 94 · [2003] 2 S.C.R. 22
- Case number
- CIVIL APPEAL No. 1376/2003
- Decided
- 17 February 2003
- Bench
- R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Specific Relief Act
Headnote
Code of Civil Procedure, /908: Sections 96 and 100, Order 4/ Rules 4, 22 and 33-Power of Court of C appeal to pass decree in absence of appeal or cross objectio.n-Suit for specific performance-Denial of decree of specific performance to plaintiff by trial court-Appeal of another party-No appeal or that it was not necessary for the plaintiff to file appeal or cross-objection- :0 In appeal, held: In the absence of cross appeal or cross-objection first appellate court did not have jurisdiction to modify the decree-since the decree for specific peiformance was refused to the plaintiff, he
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)