Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 : Order 41 Code of Civil Procedure Rules I I-sub-rules (1) and (2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Civil Procedure, 1908 : Order 41, Rules 11-sub-rules (1) and (2)-Interpretation of-Absence of appellant and pleader-Power of Court to dismiss appeal-Held, dismissal postulated under Rule 11 is dismissal for non-prosecution and not on merits. Constitution of India, 1950: Articles 136-Appeal by special leave-Landlord-tenant-Eviction proceedings-Finding of Appellate Court that there was landlord tenant relationship-Disposal of appeal by Supreme Court-Held, remanding of case was not proper on facts. Evidence Act, 1872 : Section 116-Tenant-Estoppel from denying the title of landlord. In legal proceedings initiated by respondent against the appellants under the Bihar (Lease, Rent and Eviction) Control Act, 1982 the High Court dismissed the second appeal of the appellants on merits in the absence of the appellants and their Advocate. The Review Petition filed by appellants was also dismissed. The High Court interpreted the phrase "hearing the appellant or his pleader" in Rule 11(1) of Order 41 of the Code of Civil Procedure, 1908 as to give adequate opportunity to the appellant or his counsel. As the counsel for the appellants did not appear even though they had adequate opportunity, the High Court held that it was open to it to deal with the Second Appeal on merits and therefore it dismissed the review petition.In appeals to this Court on the questions whether (i) the High Court erred in interpreting Rule 11 (1) of Order 41 C.P.C. and (ii) the case should he remanded to the High Court for fresh disposal in accordance with law : |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 2002 INSC 159 |
Petitioner | Ajit Kumar Singh And Ors. |
Respondent | Chiranjibi And Ors. |
SCR | [2002] 2 S.C.R. 607 |
Judgement Date | 2002-03-20 |
Case Number | 2268-69 |
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