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 — s.100, Or, XLI rr. 23, 23-A and 25 — Two suits by appellants against respondents [one for their eviction from the suit land (tenanted premises} and the other for money decree towards damages for use and occupation of suit land] — Three suits were filed by the respondents [first for declaration of their ownership by adverse possession against Government; second for injunction restraining Electricity Board for disconnecting electricity supply, and third against the Municipality] — Trial court decreed the suits of appellants holding that they have established land-lord and tenant relationship while the respondents have failed to establish their title over the suit land — Order of trial court affirmed by first appellate Court — High Court allowed the second appeals and remanded the cases to trial court for fresh trial — On appeal, held: The questions formulated by High Court cannot be regarded as satisfying the test of being ‘substantial questions of law’ within meaning of s.100 as they were neither debatable nor arguable — The concurrent findings on facts, on due appreciation of evidence by two courts, were binding on High Court - The High Court also did not have jurisdiction to remand the case for denovo trial — High Court neither formulated any question as regards the remand nor did any party raise this ground complaining about the proceedings in the lower courts — Power of appellate court to remand a case to subordinate court is contained in Or. XLI rr.23, 23-A and 25 — The Court is required to record reason as to why it has taken course to any out of the three rules for remanding the case - There is no error in the judgment of first appellate court which rightly upheld decree of trial court. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2016 INSC 938 |
Petitioner | Syeda Rahimunnisa |
Respondent | Malan Bl (dead) By L.rs. & Anr. Etc. |
SCR | [2016] 6 S.C.R. 512 |
Judgement Date | 2016-10-03 |
Case Number | 2875-2879 |
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