Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | O.XLI r.27 Code of Civil Procedure 1908 : s.100 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 :s.100, O.XLI r.27 - Suit for partition - Dismissed by trial court and first appellate court- On second appeal under s. 100, High Court directed the party to produce a document of 'grant' - After perusing the same, High Court held that finding of courts below were contrary to the 'grant' - Allowed the appeal and remanded case to first appellate court with direction to decide the same in the light of finding and conclusion arrived at by it- Propriety of - Held: Not proper -Allowing the second appeal without framing substantial question of law is contrary to mandate of s.100 - High Court also committed error in interfering on question of fact which was not permissible under s.100 - Also parties to the lis are not entitled to produce additional evidence as of course or routine but must satisfy the conditions stated in sub-clauses (a) and (aa) Rule 27 to Order XLI - The order shows that High Court verified the document produced on his direction without complying mandate as provided under Rule 27 of Order XLI- Hence, finding of High Court based on a document produced at the time of argument de hors to Rule 27 and is not sustainable - In such circumstances, his ultimate conclusion treating the suit property as a family property partible among the members of the family is a/so liable to be set aside - Karnataka Land Reforms Act, 1974 - s.44 - Practice and procedure. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2008 INSC 94 |
Petitioner | Basayya I. Mathad |
Respondent | Rudrayya S. Mathad And Ors. |
SCR | [2008] 1 S.C.R. 1155 |
Judgement Date | 2008-01-24 |
Case Number | 1349 |
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