Supreme Court · 2012 INSC 157 · Decided 2 April 2012
Jegannathan v. Raju Sigamani & ANR.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 157 · [2012] 3 S.C.R. 1003
- Case number
- CIVIL APPEAL No. 3347/2012
- Decided
- 2 April 2012
- Bench
- RAJENDRA MAL LODHA, H.L. GOKHALE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: A B 0. 43, r.1(u) rlw 0.41, r.23-A and s.100 - Miscellaneous c civil appeal filed before High Court against order of remand passed in a first appeal under 0.41 - Held: Is maintainable - Order of remand passed under 0. 41, r.23-A is amenable to appeal under 0. 43, r. to be attached to such an appeal - There is a 0 difference between maintainability of an appeal and the scope of hearing of an appeal - Order of High Court holding the civil miscellaneous appeal as not maintainable set aside. The appellant-plaintiff No. 2 along with two others filed a suit
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