Supreme Court of India Judgements

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C P C

When an ex­parte decree is set aside – the defendants cannot be relegated to the position prior to the date of hearing of the suit when he was placed ex­parte – cannot file written statement but can cross examine witnesses & argue the matter.

Bysclaw

May 24, 2022

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By sclaw

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C P C

Provincial Small Cause Courts Act, 1887 – Section 17 – Security furnished in the form of the rented shop belonging to a third party cannot be accepted as security in law

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C P C

1924 Sale Deed, 1967 Eviction Suit and 1978 Mutation Proceedings – that ownership rights in respect of an immovable property cannot be decided casually. We are actually left with no other option but to remand these appeals back to the High Court for effective adjudication on merits.

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C P C

(CPC) – Section 47 read with Order 21 Rule 97 – – Supreme Court in its discretion does entertain special leave petitions directly from orders of tribunals/courts without the High Court having been approached only in matters where substantial questions of general importance are involved or where a similar issue is pending for its (the Supreme Court’s) consideration.

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