Supreme Court of India Judgements

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Category: C P C

C P C

Partition suit- Trial Court had directed to make the plan depicting respective shares of the parties as part of decree—Held; at the time of passing the judgment and decree, the trial court should have made the said map as a part of the decree so that the partition could have been effected as per the said sketch—No party should be allowed to suffer for the error of the court—In the circumstances, the trial court has rightly made the plan a part of the decree for effecting partition—Impugned order of High Court setting aside order of trial court set aside.                                       

Oct 9, 2018 sclaw

2018(3) Law Herald (SC) 2042 : 2018 LawHerald.Org 1427 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana                                 Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…

C P C

Res judicata—Second suit before expiry of period of limitation for filing an appeal in first suit—Entire fact circumstance in each case must be looked at before deciding whether to proceed with the second proceeding on the basis of res judicata or to adjourn and/or stay the second proceeding to await the outcome in the first proceeding.

Sep 9, 2018 sclaw

  2018(2) Law Herald (SC) 678 : 2018 LawHerald.Org 1015   SUPREME COURT OF INDIA DIVISION BENCH CANARA BANK — Appellant Vs. N.G. SUBBARAYA SETTY — Respondent ( Before : Adarsh Kumar…

C P C

Held, when the plaintiff could be shown the indulgence, the same equity should have been mated out to the appellant (defendant)-Since it was suit for recovery of money-The Court should have put the parties at least to terms and then disposed of the matter on merits-Ex parte Decree set side.                                                                           

Aug 26, 2018 sclaw

(2017) 100 ACrC 264 : (2017) 175 AIC 263 : (2017) 2 ICC 443 : (2017) 1 LAR 643 : (2017) 1 LawHerald(SC) 746 : (2017) 2 LJR 661 : (2017) 4 LW 283…

C P C

Civil Procedure Code, 1908, O.41 R.23 and O.26 R.9–Remand of Case-Suit for declaration—Claim for ownership and possession in booth sites allotted by society-Having regard to the rival contentions of the parties claiming to be in possession, case remanded to trial court to appoint a Commissioner to get a report as to the location of the disputed sites and their physical features and other relevant facts and decide afresh.       

Aug 15, 2018 sclaw

(2017) 174 AIC 62 : (2017) AIR(SCW) 1341 : (2017) AIR(SC) 1341 : (2017) 123 ALR 271 : (2017) 1 ARC 768 : (2017) 1 BBCJ 421 : (2017) 2…

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