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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