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may 1963

Supreme Court of India · 1963-05-02

MANINDRA LAND AND BUILDINGCORPORATION LTD. vs BHUTNATH BANERJEE AND OTHERS

Citation / case number
SC 1962/170
Court
Supreme Court of India
Petitioner
MANINDRA LAND AND BUILDINGCORPORATION LTD.
Respondent
BHUTNATH BANERJEE AND OTHERS
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction under Section 115 of the Code of Civil Procedure, 1908 by questioning the subordinate court's findings of fact regarding the appellant's sufficient cause for delay in filing for substitution after abatement. The Court emphasized that the subordinate court had exclusive jurisdiction to determine factual issues related to the Limitation Act, 1908, specifically Sections 3, 4, and 5. The appeal was allowed, setting aside the High Court's order and reinstating the subordinate court's decision.

MANINDRA LAND AND BUILDINGCORPORATION LTD. vs BHUTNATH BANERJEE AND OTHERS · Niyam