Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Endowment Act, (0 of 1959) 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, O.XXIII Rule 1(1) & (3) - Withdrawal of original and revision petition unconditionally - When permissible - Petition by trustees for permission to sell properties endowed in six public Hindu temples rejected by District Court - High Court rejecting trustees' revision petition but allowing subsequent Review Petition and permitting sale by auction - Trustees not obtaining mandatory prior sanction under s. 34( 1) of Endowment Act, 1959 - Commissioner, H.R. & C.E. filing application before District Court for impleadment and stay of sale - Sale made but not confirmed - Commissioner initiating proceedings against trustees under Endowments Act - Supreme Court on consent of trustees allowing Commissioner's appeal and remanding revision petition to High Court for decision afresh on nature of properties and whether sanction under Endowments Act necessary - Supreme Court directing impleading of auction purchasers, Commissioner and Executive Officer of temple and opining dropping of proceedings by Commissioner against Respondents - Accordingly proceedings against trustees dropped - Trustees filing memo in High Court seeking to withdraw original petition and revision petition - High Court permitting withdrawal on ground that on finding of District Court in favour of Commissioner was being nullified - Held, having obtained advantage of order of remand, Respondents could not preclude High Court from adjudicating matter on merits; matter remitted to High Court for decision on merits in accordance with law. Code of Civil Procedure 1908, s 115 - Scope of High Court's revisional jurisdiction - Whether High Court can in a revision petition examine for the first time nature of properties and if sanction under Endowments Act for their sale was necessary - Held, there was no jurisdictional flaw in directing the High Court to decide nature of property; High Court could also receive additional evidence. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1999 INSC 49 |
Petitioner | The Executive Officer, Arthanareswarar Temple |
Respondent | R. Sathyamoorthy And Ors. |
SCR | [1999] 1 S.C.R. 485 |
Judgement Date | 1999-02-09 |
Case Number | 2461 |
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