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may 2000

Supreme Court of India · 2000-05-11

Jayanmti De And Anr. vs Abani Kanta Barat And Ors.

Citation / case number
AIR 2000 SUPREME COURT 3578(2)
Court
Supreme Court of India
Petitioner
Jayanmti De And Anr.
Respondent
Abani Kanta Barat And Ors.
Author
K.T. Thomas
Bench
K.T. Thomas, R.P. Sethi

Judgment text excerpt

The Supreme Court held that the High Court's dismissal of an appeal under Order XLI Rule 11 of the CPC without considering the merits and providing reasons is not permissible. The Court emphasized that even a dismissal under this rule requires some level of reasoning, and thus set aside the High Court's order, remitting the case for a merits-based decision. The Court maintained the status quo until the High Court disposes of the appeal.

Jayanmti De And Anr. vs Abani Kanta Barat And Ors. · Niyam