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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