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november 2008

Supreme Court of India · 2008-11-04

Mehrunnissa Bee vs Mohd. Noorulla Sheriff & Ors

Court
Supreme Court of India
Petitioner
Mehrunnissa Bee
Respondent
Mohd. Noorulla Sheriff & Ors
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court set aside the High Court's judgment and remitted the matter for fresh consideration, emphasizing that the First Appellate Court under Section 96 of the Code of Civil Procedure must evaluate both facts and law in the suit. The Court found the High Court's refusal to interfere with the trial court's judgment unsatisfactory, as it failed to adequately assess the merits of the case. The appeal was allowed with directions for a thorough review by the High Court.

Mehrunnissa Bee vs Mohd. Noorulla Sheriff & Ors · Niyam