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october 1950

Supreme Court of India · 1950-10-13

[IN THE SUPREME COURT OF INDIA (HYDERABAD).]NARHARI AND OT vs SHANKAR AND OTHERS.

Citation / case number
SC 1950/31
Court
Supreme Court of India
Petitioner
[IN THE SUPREME COURT OF INDIA (HYDERABAD).]NARHARI AND OT
Respondent
SHANKAR AND OTHERS.
Author
NAIK R.S.
Bench
NAIK R.S.

Judgment text excerpt

The Supreme Court held that in a case involving multiple appeals from a single suit, where the appeals were disposed of by the same judgment but separate decrees were drawn up, it is not necessary to file separate appeals within the limitation period for each decree. The Court ruled that the time-barred appeal does not affect the maintainability of the other appeal, and the question of res judicata does not arise. Furthermore, the Court found that the High Court erred in not granting the benefit of Section 5 of the Limitation Act, 1908, due to conflicting decisions on the matter.

[IN THE SUPREME COURT OF INDIA (HYDERABAD).]NARHARI AND OT vs SHANKAR AND OTHERS. · Niyam