Supreme Court · 2018 INSC 142 · Decided 15 February 2018
G. Saraswathi & ANR. v. Rathinammal & ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 142 · [2018] 2 S.C.R. 548
- Case number
- CIVIL APPEAL No. 2112/2018
- Decided
- 15 February 2018
- Bench
- R.K. AGRAWAL, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 - Or. XLI, r.31 - Appellants filed a suit against the respondents for specific performance of agreement - Trial Court decreed the suit - Single Judge, High Court set aside the judgment/decree of the trial Court - Aggrieved, Patent Appeal before the Division Bench, which dismissed the appeal - Propriety of - Held: Not proper - Case remanded to the Division Bench of the High Court for deciding the LPA afresh on merits in accordance with law - The reason is that the Division Bench dismissed the
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