Supreme Court · 1981 INSC 138 · Decided 10 August 1981
Shah Babulal Khimji v. Jayaben D. Kania and ANR.
- Court
- Supreme Court of India
- Citation
- 1981 INSC 138 · [1982] 1 S.C.R. 187
- Case number
- CIVIL APPEAL No. 662/1981
- Decided
- 10 August 1981
- Bench
- S. MURTAZA FAZAL ALI, A. VARADARAJAN, AMARENDRA NATH SEN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 104; Arbitration Act Section 39; Companies Act Section 39
Headnote
"--. SHAH BABULAL fKHIMJI v. JAYABEN D. KANIA AND ANR. August JO, 1981 [S. MURTAZA FAZAL ALI, A. VARADARAJAN AND AMARENDRA NATH SEN, JJ] 187 Code of Civil Procedure, 1908-Section 104 Order 43 Rule I-Scope of­ Letters Patent-Clause 15-Right of Appeal under chruse 15--Jf affected by reliefs. A single Judge of the High Court dismissed the application. A Division Bench of the High Court, on appeal by the plaintiff, held that the appeal was not maintainable on the ground that the impugned order of the single Judge was not a 'juGgment' within the meaning of clause 15 of the
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