Supreme Court · 2022 INSC 433 · Decided 19 April 2022

Nemai Chandra Dey (Dead) Through LRS. v. Prasanta Chandra (Dead) Through LRS. & ANR.

Court
Supreme Court of India
Citation
2022 INSC 433 · [2022] 4 S.C.R. 1076
Case number
CIVIL APPEAL No. 14699/2015
Decided
19 April 2022
Bench
K.M. JOSEPH, HRISHIKESH ROY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Civil Procedure Code, 1908 - Or. XLI, r. 31 - Duty of first Appellate Court - Reappreciation of evidence - Consideration of arguments and arriving at findings - Suit was filed by the plaintiff (wife of first defendant) seeking inter alia declaration of two documents i.e. gift deeds as void - Trial Court came to the conclusion that the plaintiff was a pardahnashin lady and the character of the document was not brought to the notice of the plaintiff - Gift deeds were declared void

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