Supreme Court · 2002 INSC 11 · Decided 9 January 2002
Prem Bakshi and ORS. v. Dharam Dev and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 11 · [2002] 1 S.C.R. 103
- Case number
- CIVIL APPEAL No. 104/2002
- Decided
- 9 January 2002
- Bench
- K.T. THOMAS, S.N. PHUKAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115
Headnote
B Code of Civil Procedure, 1908: Section I I 5 and Order 6 Rule I 7-Revisionary Jurisdiction-Exercise of-Suit for declaration and injunction-Amendment sought only to bring to C the notice of the Court some subsequent facts-Trial Court allowed the application but High Court set it aside-On appeal to any party-Hence High Court erred in allowing the revision. The suit land was mortgaged to two persons and on the death of the D mortgagor, respondent No. 1 got his name mutated in the revenue record. Appellant and respondent Nos. 2 to S, the legal heirs of the mortgagee filed suit for
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