Supreme Court · 2008 INSC 84 · Decided 22 January 2008
Ganpati Madhav Sawant (D) BY LRS. v. Dattur Madhav Sawant
- Court
- Supreme Court of India
- Citation
- 2008 INSC 84 · [2008] 1 S.C.R. 1083
- Case number
- CIVIL APPEAL No. 583/2008
- Decided
- 22 January 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100, 0
Headnote
Code of Civil Procedure, 1908 - s. 100 and 0. XX r. 12 - y Second appeal - Dismissal of- On the ground that no question c of law involved - However, at the time of issuance of notice, the question regarding requirement of enquiry under 0. XX r. 12 before grant of mesne profit was pointed out - the circumstances of the case, matter remitted to High Court. D High Court dismissed, second appeal holding that no question of law was involved. However, while issuing :.- notice in the appeal, it had noticed that grant of mesne profit without any enquiry in terms of 0. XX r. 12 CPC was not
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