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april 2008

Supreme Court of India · 2008-04-24

GOBIND RAM SHARMA vs PRAMOD KUMAR SINGHANIA .

Citation / case number
SC 2002/6252
Court
Supreme Court of India
Petitioner
GOBIND RAM SHARMA
Respondent
PRAMOD KUMAR SINGHANIA .

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 substantial questions of law formulated. The Court emphasized that the High Court must adhere to the provisions of sub-sections (4) and (5) of Section 100 CPC, which require it to limit its review to substantial questions of law and provide an opportunity for the respondent to be heard if new questions are formulated. Consequently, the Supreme Court set aside the High Court's judgment and remitted the matter for fresh consideration.

GOBIND RAM SHARMA vs PRAMOD KUMAR SINGHANIA . · Niyam