Supreme Court · 2010 INSC 760 · Decided 8 November 2010

Pankajakshi (Dead) Through LRS. and ORS. v. Chandrika and ORS.

Court
Supreme Court of India
Citation
2010 INSC 760 · [2010] 12 S.C.R. 989
Case number
CIVIL APPEAL No. 201/2005
Decided
8 November 2010
Bench
MARKANDEY KATJU, T.S. THAKUR (2-judge bench)
Outcome
Hearing Adjourned
Case type
Civil
Acts & sections cited
CPC Section 98(2); Constitution Article 136, 142

Headnote

CODE OF CIVIL PROCEDURE, 1908: B s. 98(2) - Decision by Division Bench of High Court - c Difference of opinion between the two Judges comprising the Bench - Procedure to be adopted - Matter referred to larger Bench for consideration on the questions: (i) whether s. 23 of Travancore-Cochin High unaffected by tfJe repealing provisions of s. 9 of Kera/a High Court Act? If so, D whether s. 23 is in the nature of a special provision vis-a-vis s. 98 (2) CPC? and (ii) whether the Supreme Court under Articles 136 and 142 of the Constitution can direct in an appropriate case a reference to a

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