Supreme Court · 2005 INSC 312 · Decided 26 July 2005
Vishwanatha Achari v. Kanakasabapathy
- Court
- Supreme Court of India
- Citation
- 2005 INSC 312 · [2005] SUPP. 1 S.C.R. 817
- Case number
- CIVIL APPEAL No. 3398/2000
- Decided
- 26 July 2005
- Bench
- ARIJIT PASAYAT, H.K. SEMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 100(4), 107
Headnote
B Code of Civil Procedure, 1908-Section 100(4)-Second appeal­ Dismissal of, on the ground that the finding recorded by First Appellate Court regarding adverse possession not challenged-Correctness of-Held: C Question of law was formulated as required-However, is of no consequence since trial in deciding issues not framed­ Furthermore, Appellate Court has power to frame issues other than those framed by trial court which are to be referred for trial giving opportunity to the defendant to adduce evidence-Hence, order of High Court set aside and D matter remitted back-Section 107.
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