Supreme Court of India · 2011-07-04
Mangluram vs Surredder Singh & Ors
- Court
- Supreme Court of India
- Petitioner
- Mangluram
- Respondent
- Surredder Singh & Ors
- Author
- R.V.Raveendran
- Bench
- A K Patnaik, R V Raveendran
Judgment text excerpt
The Supreme Court held that the order of the trial court dismissing the suit due to the rejection of the application under Order 22 Rule 3 of the Code of Civil Procedure does not constitute a decree as defined under Section 2(2) of the Code. The Court emphasized that the determination of whether Prannath executed a will in favor of the appellant was incidental and did not resolve the main issues of the suit. Consequently, the High Court's decision to restore the trial court's order was upheld, affirming that the appeal was not maintainable.