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Supreme Court of India 2018-08-10 partly_allowed

Ved Pal (D) through LRs & Ors vs Prem Devi (D) through LRs & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellants challenged a High Court order that disposed of a second appeal based on a compromise between parties. The High Court dismissed their subsequent review petition. The Supreme Court allowed the appeal in part, setting aside the review dismissal and remitting the matter to the High Court for fresh consideration on merits. The Court held that where a second appeal is disposed of by compromise, the proper forum to examine a challenge is the High Court itself, not the Supreme Court. The High Court must properly scrutinize all allegations raised in the review petition before dismissing it, applying relevant procedural provisions of the Code of Civil Procedure.

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Civil Procedure Second Appeal Compromise Review Petition Jurisdiction

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