NAINSINGH vs KOONWARJEE AND OTHERS

The Supreme Court held that the High Court erred in reviewing the correctness of a remand order made under Order 41, Rule 23 of the Code of Civil Procedure, 1908, as it was not appealed against, thus precluding any dispute over its correctness under Section 105(2). The Court clarified that inherent powers under Section 151 cannot be exercised to override specific provisions of the Code. The appellant, a Jagirdar, retained rights to claim compensation under the Jagir Abolition Act, 1951, as ownership on the date of the Act's enforcement was still a matter to be determined, necessitating the impleading of the State in the proceedings.