Supreme Court · 2005 INSC 383 · Decided 25 August 2005
Rajeshwari v. Puran Indoria
- Court
- Supreme Court of India
- Citation
- 2005 INSC 383 · [2005] SUPP. 2 S.C.R. 1016
- Case number
- CIVIL APPEAL No. 5295/2002
- Decided
- 25 August 2005
- Bench
- G.P. MATHUR, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100, 96, 115; Limitation Act; Specific Relief Act Section 16
Headnote
Code of Civil Procedure, 1908 : Section 100-Second appeal arising out of suii for specific performance C of agreement for sale of immovable property-Summary dismissal of the same by High Court on grounds that it did not invol~e any substantial question of /aw-Propriety of-Held, improper-Questiqn that substantially affects the rights of parties-Hence, High Court not justified in dismissing the second appeal by a non-speaking order-Matter remanded D back for fresh disposal-Specific Relief Act, 1963--Sections JO, 16 & 20. Sections 100 & 115-Jurisdiction of High Court to interfere in
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