Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss.96 and 100 Code of Civil Procedure Or.XLI & r.31 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Civil Procedure, 1908 – ss.96, 100 and Or.XLI, r.31 – Appellant-plaintiff filed suit against respondents-defendants for specific performance of agreement to sell – Defendant no.1 pleaded that the suit was barred by limitation and that the plaintiff was not ready and willing to perform his part of the contract – Suit dismissed – Confirmed by High Court – Held: s.96 provides for filing of an appeal from the decree passed by any court exercising original jurisdiction to the court authorized to hear the appeals from the decisions of such courts – In the instant case, the appeal from the decree passed by the trial court lies to High Court – An appeal is a continuation of the proceedings of the original court – Ordinarily, the appellate jurisdiction involves re-hearing on law as well as on fact and is invoked by an aggrieved person – First appeal is a valuable right of the appellant wherein all questions of fact and law decided by the trial court are open for re-consideration – A first appeal u/s.96 is entirely different from a second appeal u/s.100 – s.100 expressly bars second appeal unless a question of law is involved in a case and the question of law so involved is substantial in nature – In the present case, issue relating to readiness and willingness of the plaintiff to perform his part of the contract and limitation were held against him and the suit was dismissed – Appeal before High Court involved both disputed questions of law and fact – Without examination of any of these aspects it dismissed the appeal by a cryptic order – High Court failed to follow the provisions of Or.XLI, r.31 while deciding the appeal – Judgment set aside – Matter remanded to High Court for fresh disposal in accordance with law – Limitation Act, 1963 – Article 54 of the Schedule. Words & Expressions – ‘appeal’ – Meaning of – Held: Expression ‘appeal’ has not been defined in CPC – It is a judicial examination of the decision by a higher court of the decision of a subordinate court to rectify any possible error in the order under appeal – Code of Civil Procedure, 1908 – s.96 |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2020 INSC 173 |
Petitioner | Malluru Mallappa (d) Thr. Lrs. |
Respondent | Kuruvathappa & Ors. |
SCR | [2020] 2 S.C.R. 789 |
Judgement Date | 2020-02-12 |
Case Number | 1485 |
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