Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Order 32, Rule 15-Appointment of guardian-Suit for partition-Plaintiff filing application for appointment of guardian to defend one ofdefendant aged 87 years-Application rejected by trial court-Revision-Allowed by Single Judge of High Court-Application for recalling order ofSingle Judge-Treated as appeal by Division Bench and rejected-Held, HighCourt, while setting aside order of trial court, could only issue a direction totrial court to hold an inquiry so as to enable it to arrive at a finding as towhether defendant was incapable of protecting her interest by reason of anymental infirmity or not-As no such inquiry was held, Single Judge committeda jurisdictional error in passing the order which the Division Bench upheld-Matter remitted to trial court for consideration strictly in terms of Order 32,rule 15.S. I I 5-0rder passed by Single Judge of High Court in revision-Application/or recalling the order-Treated by Division Bench as appeal andrejected-Held, Division Bench of High Court committed a manifest error intreating the application as an appeal-No intra court appeal lay before aDivision Bench as the order was passed by Single Judge in exercise of revisionaljurisdiction-Appeal-Intra court appeal. |
Judge | N/A |
Neutral Citation | 2003 INSC 64 |
Petitioner | Kasturi Bai And Ors |
Respondent | Anguri Chaudhary |
SCR | [2003] 1 S.C.R. 892 |
Judgement Date | 2003-02-05 |
Case Number | 818 |
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