Supreme Court · 2004 INSC 583 · Decided 7 October 2004
P.S. Sathappan (Dead) BY LRS v. Andhra Bank LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 583 · [2004] SUPP. 5 S.C.R. 188
- Case number
- CIVIL APPEAL No. 689/1998
- Decided
- 7 October 2004
- Bench
- N. SANTOSH HEGDE, S.N. VARIAVA, B.P. SINGH, H.K. SEMA, S.B. SINHA (5-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 104, 104(1); Constitution Article 141
Headnote
Code of Civil Procedure, I 908: S. / 04(1) rlw or 43 R. l andS. l 04(2)-Bar under S. I 04(2)-Applicability to appeals permitted by any law inforce~Nature of-Held, S.104(1) rlw Or. 43 R. I confers additional powers of appeals against orders passed in appeal under S.104(1)-Thus, S.104(2) does not in D force. S. I 04(1)-Scope of-Explained S.104(2) & (1) and 4 and JOO-A (prior to its amendment by Act 22 of 2002)-Bar under S.104(2)-Applicability of to appeal under c/.15 of the E Letters Patent of the Madras High Court-Held, S.104(1} specifically saves LPAs and the bar under S.104(2) does
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