Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 96 r/w Order 41 Rule 31 Code of Civil Procedure specific performance of contract 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - s.96 r/w Or.41, r.31 - C Scope and powers of the first appellate court - Suit filed by appellant against respondent for specific performance of contract for purchase of house - Dismissed by trial court - Order affirmed in first appeal by High Court - Validity - Held: High Court did not deal with any of the submissions urged by the appellant and/or respondent nor it took note of the grounds taken by the appellant in appeal nor made any attempt to appreciate the evidence adduced by the parties with a view to find out as to whether judgment of the trial court could be sustained or not - This resulted in causing prejudice to the appellant whose valuable right to prosecute in the first appeal on facts and law was adversely affected which, in turn, deprived him of a hearing in the appeal in accordance with law - Case remanded to High Court for deciding the first appeal afresh. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2014 INSC 708 |
Petitioner | Vinod Kumar |
Respondent | Gangadhar |
SCR | [2014] 10 S.C.R. 1050 |
Judgement Date | 2014-10-13 |
Case Number | 9681 |
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