Supreme Court · 1981 INSC 26 · Decided 6 February 1981
Kshitish Chandra Bose v. Commissioner of Ranchi
- Court
- Supreme Court of India
- Citation
- 1981 INSC 26 · [1981] 2 S.C.R. 764
- Case number
- CIVIL APPEAL No. 1034/1971
- Decided
- 6 February 1981
- Bench
- S. MURTAZA FAZAL ALI, A.P. SEN, A. VARADARAJAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
Right to assail, in an appeal against the second judgment of the High Court, the correctness of its first judgment, explained. Law relating to adverse possession and title by prescription, clarified. s~cond appeal bre-fore the High Court, scope of section 100 Civil Proacdure Code. Allowing the the question of title and adverse possession, the Court · 'D HELD : 1. The order of remand by the High Court being an inlcrlocutory judgment -w·hich did not terminate the proceedings, it is open to the appellant to assail even the first judgment of the High Court and if it is held
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