Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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ILC-2015-SC-CIVIL-Sep-12

Chintaman Namdev Patil(D) Vs. Sukhdev Namdev Patil & Anr.

Head Note

The Code of Civil Procedure, 1908  - Section 100 , Order XX Rule (4) ,  Rule (5) , Order XLI Rule (31)

Second Appeal - Substantial Question of Law - High Court neither set out the case of the parties from their pleadings properly nor mentioned the findings recorded by the Trial Court and nor of the first appellate court - High Court also did not examine the case in the context of legal provisions governing the issues and nor dealt with any submissions urged by the parties much less to record categorical finding on the questions framed - High Court formulated another question as the only question arising in the case for decision which was not formulated as substantial question of law along with two questions already framed - High Court cursorily decided the appeal and the impugned judgment does not satisfy the requirement of law - Case remanded to the High Court for deciding the second appeal afresh on merits in accordance with law.

Topic(s)-Second Appeal - Substantial Question of Law - Remand back







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