Supreme Court · 2009 INSC 4 · Decided 6 January 2009
Kartick Chandra Mandal v. Netal Mondal (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 4 · [2009] 1 S.C.R. 8
- Case number
- CIVIL APPEAL No. 8/2009
- Decided
- 6 January 2009
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
• Code of Civil Procedure, 1908: -C s. 100 - Second appeal arising out of suit for declaration of title and for possession - Suit based on partition amongst co-sharers - Date of partition claimed to be a relevant issue - High Court without forming any question of law on the issue - Issue formulated by Supreme Court - Matter remitted to trial court to decide the suit afresh expeditiously - Practice and Procedure - West Bengal Land Reforms Act, 1955 - s.14. In the instant appeal filed by the plaintiff against the E judgment of the High Court in a second appeal arising
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