Supreme Court · 2004 INSC 245 · Decided 8 April 2004
Mgmt of M/S Devi Theatre v. Vishwanath Raju
- Court
- Supreme Court of India
- Citation
- 2004 INSC 245 · [2004] 3 S.C.R. 1039
- Case number
- CIVIL APPEAL No. 2582/2004
- Decided
- 8 April 2004
- Bench
- BRIJESH KUMAR, ARUN KUMAR (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96
Headnote
B Code of Civil Procedure, 1908: S.96 rlw Order 41, r.11-First appeal-Conditional admission-Legality of-High Court ordering to admit the appeal subject to appellant depositing C a certain amount, failing which appeal to stand dismissed-Held, admission of appeal subject to condition of depositing basis for admitting or not admitting an appeal under s.96-Further, imposition of condition that failure to deposit the amount would result in dismissal of appeal D compounds the infirmity in the order of conditional admission-However, in case appellant prays for stay of execution of decree or
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