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Supreme Court of India 2018-05-11 allowed

Vijay Arjun Bhagat & Ors vs Nana Laxman Tapkire & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A property dispute escalated through the civil courts. The trial judge dismissed the plaintiffs' suit, but the district judge allowed their appeal. On second appeal, the High Court admitted the case on six substantial questions of law but ultimately decided it on two additional questions framed in its judgment without giving parties a hearing. The Supreme Court held this violated the mandatory procedure under Section 100 of the Code of Civil Procedure. The Court remanded the case for the High Court to redecide it afresh on all the originally formulated questions of law, in accordance with statutory requirements. The appeal succeeded."

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Civil Procedure Second Appeal Jurisdiction of High Court

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