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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 — <UNKNOWN>, <UNKNOWN>

In Brief

In this civil appeal, the Supreme Court considered whether the High Court properly remanded a case to the trial court for failing to separately frame and decide a counter-claim on ownership. The Court held that when parties are fully aware of rival claims regarding a disputed issue and have led evidence both supporting and refuting each other's positions, the technical absence of a formal separate issue on a counter-claim covering the same subject matter does not vitiate proceedings. Remand was unwarranted; the appellate court should have decided the merits instead. The Court allowed the appeals and set aside the High Court's remand order, directing the High Court to adjudicate the Second Appeal on its merits.", <parameter name="cited_cases">[ { "raw_citation": "Nedunuri Kameswaramma v. Sampati Subba Rao AIR 1963 SC 884", "case_name": "Nedunuri Kameswaramma v. Sampati Subba Rao", "cited_year": "1963", "paragraph": "7", "treatment": "relied", "treatment_by": "this_court", "treatment_quote": "wherein it has been held that 'where the parties were fully aware about the rival case and led the evidence not only in support of their contentions but in refutation of those of the other side, it cannot be said that the absence of an issue was fatal to the case, or that there was that mis-trial which vitiates proceedings.' We have referred to this judgment solely for the purpose of the counter claim." }, { "raw_citation": "P. Purushottam Reddy and Another v. Pratap Steels Ltd. 2002(2) R.C.R.(Civil) 70 : (2002) 2 SCC 686", "case_name": "P. Purushottam Reddy and Another v. Pratap Steels Ltd.", "cited_year": "2002", "paragraph": "6", "treatment": "referred", "treatment_by": "this_court" }, { "raw_citation": "Mahendra v. Sushila, AIR (1965) SC 364", "case_name": "Mahendra v. Sushila", "cited_year": "1965", "paragraph": "6", "treatment": "referred", "treatment_by": "this_court" } ]

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Civil Procedure Appeals Issue-framing Counter-claims Appellate Jurisdiction Remand Orders

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