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december 2001

Supreme Court of India · 2001-12-14

Hubli Dharwar Municipal Corporation ... vs H.S.Mohd.Khan (Dead) By Lrs. & Ors

Citation / case number
2001 AIR SCW 5126
Court
Supreme Court of India
Petitioner
Hubli Dharwar Municipal Corporation ...
Respondent
H.S.Mohd.Khan (Dead) By Lrs. & Ors
Author
D.P.Mohapatra
Bench
D.P. Mohapatra, P. Venkatarama Reddi

Judgment text excerpt

The Supreme Court held that the High Court's disposal of Second Appeals RSA No.642/97 and RSA No.650/97 was contrary to the procedure prescribed under Section 100 of the Code of Civil Procedure, as no substantial question of law was framed and the Municipal Corporation was not given an opportunity to object to the amendment of the plaint. The Court set aside the High Court's judgment and remitted the matters for fresh disposal in accordance with law, emphasizing the necessity of following due process in appellate proceedings.

Hubli Dharwar Municipal Corporation ... vs H.S.Mohd.Khan (Dead) By Lrs. & Ors · Niyam