Supreme Court · 2005 INSC 436 · Decided 23 September 2005
Joseph Severance and ORS. v. Benny Mathew and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 436 · [2005] SUPP. 3 S.C.R. 429
- Case number
- CIVIL APPEAL No. 3818/2000
- Decided
- 23 September 2005
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100(4)
Headnote
B Code of Civil Procedure, 1908: Section 100(4)-Second appeal-Substantial question of law­ Formulation of-High Court reversed the findings of Courts below without C formulating any substantial question of law-Correctness of-Held: This is contrary to the mandate of S. l 00( 4)-0rdinarily, of law and deciding the matter afresh-However, considering the long passage of time the matter decided by Supreme Court. D Order 39-Suit for mandatory injunction and prohibitory injunction­ Delay in filing the suit-Maintainability of-Plaintiff and defendant entered into an agreement of
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