Supreme Court · 2008 INSC 1381 · Decided 2 December 2008
Mohammed Yusuf v. Faij Mohammad & Ors .
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1381 · [2008] 17 S.C.R. 20
- Case number
- CIVIL APPEAL No. 7209/2008
- Decided
- 2 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution
Headnote
CONSTITUTION OF IND/A, 1950: Articles 226 and 227 - High Court in writ jurisdiction setting aside ord,ers of trial and revisional courts whereby they had rejected defendant's application under Or.8 r.10 CPC for extending time to file written statement - HELQ: Jurisdiction of High Court 227 is limited - It could have set-aside the orders only on the ground of illegality, iffationality and procedural impropriety .;.. Trial court had assigned sufficient and cogent reasons in support of its orders - High Court effed in setting aside the orders without assigning any reason therefor
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