Supreme Court · 2007 INSC 945 · Decided 18 September 2007
Shiv Kumar Sharma v. Santosh Kumari
- Court
- Supreme Court of India
- Citation
- 2007 INSC 945 · [2007] 10 S.C.R. 17
- Case number
- CIVIL APPEAL No. 4341/2007
- Decided
- 18 September 2007
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 96; Constitution Article 226, 227
Headnote
Code of Civil Procedure, I 908-0 2 r. 2-Suit to include the whole claim-Parties in possession of shop belonging to each other-Transfer c of possession of shop-Non-performance of contract by appellant­ Decree in favour of respondent for possession of shop owned by him against him liberty to claim damages/mesne profit in a separate D suit-Propriety of-Held: High Court not correct in framing additional issues of its own which did not arise for consideration-Respondent having omitted to claim damages by way of mesne profit cannot be permitted to get the same
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