Supreme Court of India · 2012-10-05
Paras Nath Rai & Ors vs State Of Bihar & Ors
- Citation / case number
- AIR 2013 SUPREME COURT 1010
- Court
- Supreme Court of India
- Petitioner
- Paras Nath Rai & Ors
- Respondent
- State Of Bihar & Ors
- Author
- Dipak Misra
- Bench
- Dipak Misra, K. S. Radhakrishnan
Judgment text excerpt
The Supreme Court addressed the legal validity of the orders from the Patna High Court regarding a partition suit and subsequent appeals under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. The Court held that the appellate court's failure to consider a statutory abatement application under Section 4(c) of the Act rendered its decision void, thus reaffirming the jurisdictional error identified by the single judge. The outcome was a remand for proper adjudication of the appeal, emphasizing adherence to statutory provisions.