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april 2009

Supreme Court of India · 2009-04-01

SUNDARANEEDI SATYANARAYANA vs ARIGALA VENKATARATNAM .

Citation / case number
SC 2000/6684
Court
Supreme Court of India
Petitioner
SUNDARANEEDI SATYANARAYANA
Respondent
ARIGALA VENKATARATNAM .

Judgment text excerpt

The Supreme Court held that the High Court erred in considering the validity of a sale deed executed after a notice demanding partition was issued by the plaintiff, as this question was not raised in the Trial Court and constituted a mixed question of fact and law. The Court emphasized that such issues cannot be introduced for the first time in a second appeal under Section 100 CPC. Consequently, the appeal was allowed, the High Court's judgment was set aside, and the decree of the Lower Appellate Court was restored.

SUNDARANEEDI SATYANARAYANA vs ARIGALA VENKATARATNAM . · Niyam