Supreme Court of India · 1965-10-07
GULAB RAI AND ANR. vs PUNIYA
- Citation / case number
- SC 1964/90374
- Court
- Supreme Court of India
- Petitioner
- GULAB RAI AND ANR.
- Respondent
- PUNIYA
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that an appeal to the Division Bench under clause 18 of the Rajasthan High Court Ordinance is competent, despite the dismissal by a single Judge, as per sections 47 and 48 of the Guardians and Wards Act, 1890. The Court clarified that section 48 does not impose a bar on the appeal's competence and that the provisions of section 47 do not restrict the appeal under clause 18(1). The Court emphasized that the finality of the trial court's order is subject to the provisions of section 47 and section 115 of the Code of Civil Procedure.