Supreme Court · 2008 INSC 142 · Decided 5 February 2008
SMT. Bachahan Devi & ANR. v. Nagar Nigam, Gorakhpur & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 142 · [2008] 2 S.C.R. 424
- Case number
- CIVIL APPEAL No. 992/2008
- Decided
- 5 February 2008
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
...... [2008] 2 S.C.R. 424 SMT. BACHAHAN DEVI & ANR. II. NAGAR NIGAM, GORAKHPUR & ANR. (Civil Appeal No. 992 of 2008) FE~RUARY 5, 2008 (DR. ARIJIT PASAYAT AND lOKESHWAR SINGH PANTA, JJ.). Code of Civil Procedure, 1908: C Or. 41, r.25 - Power of appellate court to frame issues and refer appeal is preferred has omitted to frame or try D any issues or to determine any question of fact which appears to appellate court essential for decision of suit on merits - Once the appellate court comes to such a conclusion, it may, if necessary, frame issues and refer the same to trial court -
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