Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | r.25 Code of Civil Procedure 1908:Or. 41 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908:Or. 41, r.25 - Power of appellate court to frame issues and refer the same to trial court for trial or such issues and findings thereon - HELD: Provision comes into operation when appellate court comes to a conclusion that the court from whose decree appeal is preferred has omitted to frame or try any issues or to determine any question of fact which appears to appellate court essential for decision of suit on merits - Once the appellate court comes to such a conclusion, it may, if necessary, frame issues and refer the same to trial court - But there is no compulsion on part of appellate court to do so as is clear from expression 'may' - However, once the matter is referred to trial court, it is incumbent upon it to take additional evidence and return the same to appellate court together with findings thereon and reasons therefor - Connotation of expression 'may' and 'shall' occurring in the provision - Explained - Interpretation of Statute.Interpretation of Statutes:Expressions 'may' and 'shall' used in the same provision - Connotation of - Code of Civil Procedure, 1908 - Or. 41, r.25. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2008 INSC 142 |
Petitioner | Smt. Bachahan Devi & Anr. |
Respondent | Nagar Nigam, Gorakhpur & Anr. |
SCR | [2008] 2 S.C.R. 424 |
Judgement Date | 2008-02-05 |
Case Number | 992 |
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