Supreme Court · 2011 INSC 624 · Decided 30 August 2011
MIS. Shiv Cotex v. Tirgun Auto Plast P. LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 624 · [2011] 10 S.C.R. 787
- Case number
- CIVIL APPEAL No. 7532/2011
- Decided
- 30 August 2011
- Bench
- AFTAB ALAM, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
CODE OF CIVIL PROCUDEURE, 1908: A B s. 100 - Second appeal - High court deciding the second c appeal without formulating a question of law - Held: The High Court failed to keep in view the constraints of second appeal and overlooked the requirement of the second appellate jurisdiction as provided 0. 17 rr. 1and3 (a) r!W. s. 100-Adjournments- Plaintiff D failed to produce evidence on three dates - Trial court proceeded in terms of r. 3 and dismissed the suit - First appellate court dismissed the appeal - However, High Court allowed the second appeal of the plaintiff and directed the
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