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Supreme Court of India 2017-07-07 allowed

Nirmala Devi vs Gurgaon Scheduled Caste Vimukta Agricutlure Thrift and Credit Society Limited and Others

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

Nirmala Devi appealed against a High Court order remitting her property ownership case to the trial court for improper counter claim procedure. The Court held that where both parties litigated ownership (the core issue) and led full evidence with mutual awareness of rival claims, the absence of a separate counter claim issue was not fatal to the proceedings. The High Court should have decided the appeal on merits rather than remit for re-framing of issues. The Court allowed the appeal, set aside the remand order, and directed the High Court to adjudicate the Second Appeal on merits.

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Civil Procedure Appeals Remand Counterclaiм Issue Framing

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