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august 2009

Supreme Court of India · 2009-08-04

Renuka Das vs Maya Ganguly & Anr

Court
Supreme Court of India
Petitioner
Renuka Das
Respondent
Maya Ganguly & Anr
Author
Tarun Chatterjee
Bench
R.M.Lodha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the High Court exceeded its revisional jurisdiction by restoring an ex parte decree for eviction without finding any perversity in the appellate court's decision, which had restored the suit for fresh decision under Order 9 Rule 13 of the CPC. The Court emphasized that the High Court should not interfere with factual findings of the appellate court unless they are arbitrary or perverse. Consequently, the Supreme Court set aside the High Court's order and directed the trial court to dispose of the suit expeditiously.

Renuka Das vs Maya Ganguly & Anr · Niyam