Supreme Court · 2024 INSC 644 · Decided 21 August 2024
Rama KT. Barman (Died) THR. LRS. v. MD. Mahim Ali & ORS.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 644 · [2024] 8 S.C.R. 727
- Case number
- CIVIL APPEAL No. 3500/2024
- Decided
- 21 August 2024
- Bench
- BELA M. TRIVEDI, SATISH CHANDRA SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Matter pertains to the correctness of the order passed by the High Court in second appeal wherein it created a new case for the party, framed the issues and decided them without following the procedure contemplated u/Ord. XLI. Code of Civil Procedures, - Appeals from appellate decree - Procedure contemplated u/Ord. XLI - Compliance - High Court in second appeal framed additional substantial questions of law, which were not raised by any of the parties before the courts below and allowed the appeal without giving any
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