Supreme Court of India · 2008-11-04
MEHRUNNISSA BEE vs MOHD. NOORULLA SHERIFF .
- Citation / case number
- SC 2002/21389
- Court
- Supreme Court of India
- Petitioner
- MEHRUNNISSA BEE
- Respondent
- MOHD. NOORULLA SHERIFF .
- Author
- S.B. SINHA,CYRIAC JOSEPH, , ,
- Bench
- S.B. SINHA,CYRIAC JOSEPH, , ,
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 case. The Court found the High Court's refusal to interfere with the trial court's judgment unsatisfactory, as it failed to adequately address the merits of the case. The appeal was allowed with directions for a thorough reassessment by the High Court.