Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - 01:41, rr.27, 23, 23-A, 25 and 01:43, r. J (u) - Jurisdiction error - Appellant filed suit against the respondents for declaration of title and permanent injunction over the suit property - Suit dismissed by trial court - Aggrieved appellant filed appeal before the first Appellate court and also filed an application u/Or.41,r.27,to file additional evidence (documents) - Both appeal and application u/Or 41, r.27 allowed by first Appellate court and matter remanded back to trial court to decide the suit aji·esh on merits - However High Court examined the case on merits and set aside the judgment of first Appellate court and further; dismissed the suit by restoring the judgment/decree of trial court - on appeal, held: Once the first Appellate court allowed the application u/Or.41, r.27 and took on record the additional documents, it rightly set aside the judgment/decree of trial court a11d enabled it to decide the suit afresh in light of entire evidence - First Appellate court was justified in taking recourse to power conferred u/01:41, r.23-A for remanding case back to trial court - High Court committed jurisdictional error by again examining the case on merits and setting aside the judgment of the first Appellate court and restoring the judgment of trial court - High Court. was to only examine legality of the remand order in appeal u/Or. 43 r. 1 (u) - It. could only have remanded the case to the first Appellate court with direction to decide the first appeal on merits - High Court had no jurisdiction to decide the case on merits - Jurisdiction. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 386 |
Petitioner | J. Balaji Singh |
Respondent | Diwakar Cole & Ors. |
SCR | [2017] 3 S.C.R. 555 |
Judgement Date | 2017-04-24 |
Case Number | 5540 |
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