Supreme Court · 2015 INSC 979 · Decided 20 March 2015
Usammaantony and Another v. Karthiyayani and Another
- Court
- Supreme Court of India
- Citation
- 2015 INSC 979 · [2015] 3 S.C.R. 737
- Case number
- CIVIL APPEAL No. 3066/2015
- Decided
- 20 March 2015
- Bench
- DIPAK MISRA, PRAFULLA C. PANT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
Code of Civil Procedure, 1908 - s. 100 and Order XL/ n: 23, 23A and 24 - Second appeal - Scope of- Remand of case- Propriety of- Suit for injunction decreed by trial court C as well as first appellate court - High Court allowed the second appeal and remanded the matter to trial court- On appeal, by High Court cannot be termed as substantial question of law - High Court by 0 merely re-appreciating the evidence, reversed the concurrent findings of fact and remanded the matter - Hence second appeal not maintainable - Remand of the present case was not called for- Remand in such case
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)