Supreme Court · 2011 INSC 428 · Decided 4 July 2011
Mangluram Dewangan v. Surendra Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 428 · [2011] 8 S.C.R. 129
- Case number
- CIVIL APPEAL No. 4923/2011
- Decided
- 4 July 2011
- Bench
- R.V. RAVEENDRAN, A.K. PATNAIK (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: A B s. 2(2) - Decree - Essential requirements for an order to c be treated as decree - Discussed. ss.2(2), 96, 104, 115, Or.43 r.1 - Decree and appealable order - Distinction between - Held: Where the order is a 'decree' as defined u/s.2(2), an appeal would He u/s.96 appeal uls.100) - When the order is not a 'decree', but is an order which is one among those enumerate~ in s. 104 or r. 1 of Or. 43, an appeal would lie u/ s. 104 or u/s. 104 r/w Or. 43, r. 1 (without any provision for a second appeal) - If the order is neither a 'decree', nor an appealable
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