Supreme Court · 2008 INSC 94 · Decided 24 January 2008
Basayya I. Mathad v. Rudrayya S. Mathad and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 94 · [2008] 1 S.C.R. 1155
- Case number
- CIVIL APPEAL No. 1349/2001
- Decided
- 24 January 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
Code of Civil Procedure, 1908 : s.100, O.XLI r.27 - Suit for partition - Dismissed by trial C court and first appellate court:.._ On second appeal under s. 100, High Court directed the party to produce a document of 'grant' - After perusing the same, High Court held that finding of courts below - Allowed the appeal and remanded case to first appellate court with direction to D decide the same in the light of finding and conclusion arrived at by it- Propriety of - Held: Not proper -Allowing the second appeal without framing substantial question of law is contrary to mandate of s.100
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)