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september 2008

Supreme Court of India · 2008-09-23

BACHHAJ NAHAR vs NILIMA MANDAL .

Citation / case number
SC 2005/6330
Court
Supreme Court of India
Petitioner
BACHHAJ NAHAR
Respondent
NILIMA MANDAL .
Author
R.V. RAVEENDRAN,LOKESHWAR SINGH PANTA, , ,
Bench
R.V. RAVEENDRAN,LOKESHWAR SINGH PANTA, , ,

Judgment text excerpt

The Supreme Court held that the High Court erred in granting relief based on easementary rights without proper pleadings or issues raised in the trial. The Court emphasized that a court cannot decide on matters not pleaded and cannot grant relief not claimed, violating fundamental rules of civil procedure. The judgment of the High Court was set aside, and the matter was remanded for fresh consideration in accordance with the law.

BACHHAJ NAHAR vs NILIMA MANDAL . · Niyam