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april 2008

Supreme Court of India · 2008-04-24

Gobind Ram Sharma vs Pramod Kumar Singhania & Ors

Court
Supreme Court of India
Petitioner
Gobind Ram Sharma
Respondent
Pramod Kumar Singhania & Ors
Bench
Lokeshwar Singh Panta, S.B. Sinha

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure (CPC) by reopening the entire suit and not confining its judgment to the formulated substantial questions of law. The Court emphasized that the High Court must adhere to the limitations set forth in CPC, particularly regarding the formulation of substantial questions of law and the need to provide an opportunity for the respondent to be heard. Consequently, the impugned judgment was set aside, and the matter was remitted to the High Court for fresh consideration.

Gobind Ram Sharma vs Pramod Kumar Singhania & Ors · Niyam