Supreme Court · 2003 INSC 79 · Decided 13 February 2003
Subal Paul v. Malina Paul and ANR.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 79 · [2003] 1 S.C.R. 1092
- Case number
- CIVIL APPEAL No. 7806/2001
- Decided
- 13 February 2003
- Bench
- V.N. KHARE, S.B. SINHA, AR. LAKSHMANAN (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 2(2), 104; Succession Act Section 299
Headnote
+ Letters Patent (Calcutta High Court): c Clause I 5-0rder passed by Single Judge of High Court in appeal ul s.299 of Indian Succession Act-Letters Patent Appeal filed before .Division Bench-Objection as regards maintainability of letters patent appeal overruled by High Court-Held, order passed by objection with regard to maintainability of appeal was rightZv overruled by High Court-Clause I 5 of D the Letters Patent confers a right of appeal on a litigant against any judgment passed under any Act unless the same is expressly excluded-Clause I 5 may be subject to an Act but when it is not
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