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july 2009

Supreme Court of India · 2009-07-21

NARENDRA S. CHAVAN vs VAISHALI V. BHADEKAR

Citation / case number
SC 2002/17728
Court
Supreme Court of India
Petitioner
NARENDRA S. CHAVAN
Respondent
VAISHALI V. BHADEKAR

Judgment text excerpt

The Supreme Court held that the Division Bench of the High Court exceeded its jurisdiction by allowing a Letters Patent Appeal against a non-judgment order of dismissal for non-prosecution. The Court emphasized that after the dismissal of the restoration application, no Letters Patent Appeal could be filed, and even if it were maintainable, the Division Bench should not have decided the merits of the case. The appeal was allowed, and the impugned judgment of the Division Bench was set aside without costs.

NARENDRA S. CHAVAN vs VAISHALI V. BHADEKAR · Niyam