Supreme Court · 2015 INSC 702 · Decided 28 September 2015

Chintaman Namdev Patil (Dead) v. Sukhdev Namdev Patil & ANR.

Court
Supreme Court of India
Citation
2015 INSC 702 · [2015] 12 S.C.R. 823
Case number
CIVIL APPEAL No. 7991/2015
Decided
28 September 2015
Bench
JASTI CHELAMESWAR, ABHAY MANOHAR SAPRE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 100

Headnote

A B Code of Civil Procedure, 1908: s.100; Or.20 r.4(2), Or.41 c r.31- Second appeal- Substantial question of law- Held: The impugned order shows that the High Court neither set out the case of the parties from their pleadings properly nor mentioned the findings recorded by the trial court and nor court - High Court also did not examine D the case in the context of legal provisions governing the issues and nor dealt with any submissions urged by the parties much less to record categorical finding on the questions framed - On the contrary, High Court formulated anotherquestion as

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