Supreme Court · 1997 INSC 174 · Decided 20 February 1997

Bhola Nath Misra v. Rajendra Pandey and ANR.

Court
Supreme Court of India
Citation
1997 INSC 174 · [1997] 2 S.C.R. 326
Case number
CIVIL APPEAL No. 1606/1980
Decided
20 February 1997
Bench
K. RAMASWAMY, S. SAGHIR AHMAD (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Decree: Suit-Decree against more than one defendants-{)ne of them not c contesting the decree-Effect of~Held, when decree against one of the def en- dants had become final and is either not contested or not carried in appeal. the decree becomes enforeable as against the defendant who suffers the be examined whether the finding recorded and the decree passed by D the trial coult as affirmed by the appellate coult is comet in law-High Court has not gone into the merits-Only course open is to remit the matter to High Coult for reconsideration on merits-However, in the instant case, no useful

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