Supreme Court of India · 2009-07-24
ARJAN SINGH(D) BY LRS. vs GURDIAL SINGH (D) BY LRS.
- Citation / case number
- SC 2008/5965
- Court
- Supreme Court of India
- Petitioner
- ARJAN SINGH(D) BY LRS.
- Respondent
- GURDIAL SINGH (D) BY LRS.
Judgment text excerpt
The Supreme Court ruled that applications filed under Order XXII Rule 4 and Rule 9 of the Code of Civil Procedure, 1908, along with Section 5 of the Limitation Act, 1963, must be considered on their own merits before disposing of the appeal. This establishes the principle that procedural applications should be evaluated independently to ensure fair adjudication. The Court emphasized the importance of addressing such applications prior to the final decision on the appeal.