Supreme Court of India · 1964-03-06
PENU BALAKRISHNA IYER AND ORS vs SRI ARIYA M. RAMASWAMI IYER AND ORS.
- Citation / case number
- SC 1962/100
- Court
- Supreme Court of India
- Petitioner
- PENU BALAKRISHNA IYER AND ORS
- Respondent
- SRI ARIYA M. RAMASWAMI IYER AND ORS.
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the High Court's decree in a second appeal was unsustainable as it failed to meet the basic requirements of a judgment under the Code of Civil Procedure, 1908, specifically Section 100. The Court clarified that while special leave under Article 136 of the Constitution can be granted even if the party did not seek leave under the Letters Patent, it is not an inflexible rule. The decree passed by the High Court was set aside, and the matter was remanded for proper adjudication in accordance with law.