Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 – s.100 and Or.XLII Code of Civil Procedure |
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 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – s.100 and Or.XLII, rr.1to 3 – A suit was filed to seek a declaration that the defendant was a tenant of the plaintiff till 31.03.2003, eviction of the defendant from the suit scheduled property and for certain other reliefs – The Trial Court decreed the suit in part and the defendant was directed to deliver vacant possession of the suit shop to the plaintiff – Appeal filed by the defendant before the First Appellate Court was dismissed – In the second appeal filed by the defendant before the High Court, the said appeal was dismissed in limine without assigning any reason for its conclusion – On appeal, held: In order to come to a conclusion that the appeal does not involve any substantial of law, the High Court has to record the reasons – Giving reasons for the conclusion is necessary as it helps the adversely affected party to understand why his submissions were not accepted – The Court must display its conscious application of mind even while dismissing the appeal at the admission stage – Thus, the High Court cannot dismiss the second appeal in limine without assigning any reasons for its conclusion – The order of the High Court is set aside and the matter is remitted back to the High Court for fresh disposal in accordance with law. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2021 INSC 800 |
Petitioner | Hasmat Ali |
Respondent | Amina Bibi & Ors. |
SCR | [2021] 11 S.C.R. 11 |
Judgement Date | 2021-11-29 |
Case Number | 7109 |
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