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august 2009

Supreme Court of India · 2009-08-04

RENUKA DAS vs MAYA GANGULY

Citation / case number
SC 2008/14823
Court
Supreme Court of India
Petitioner
RENUKA DAS
Respondent
MAYA GANGULY
Author
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 allowed the application under Order 9 Rule 13, directing the trial court to dispose of the suit expeditiously.

RENUKA DAS vs MAYA GANGULY · Niyam