Supreme Court of India · 2015-09-28
CHINTAMAN NAMDEV PATIL (DEAD) vs SUKHDEV NAMDEV PATIL
- Citation / case number
- SC 2014/16299
- Court
- Supreme Court of India
- Petitioner
- CHINTAMAN NAMDEV PATIL (DEAD)
- Respondent
- SUKHDEV NAMDEV PATIL
- Author
- Abhay Manohar Sapre
- Bench
- ABHAY MANOHAR SAPRE J. CHELAMESWAR
Judgment text excerpt
The Supreme Court held that the High Court's dismissal of the appellant's suit for declaration and perpetual injunction was flawed due to lack of reasoning and failure to address substantial questions of law as required under Section 100 of the Code of Civil Procedure, 1908. The Court emphasized that the High Court must exercise its appellate jurisdiction properly, leading to the remand of the case for fresh consideration. The appeal was allowed, and the High Court's judgment was set aside.