Supreme Court of India · 2019-04-16
G. Shashikala (Died) Through Lrs. vs G. Kalawati Bai(Died) Through Lr
- Citation / case number
- AIR 2019 SUPREME COURT 2631
- Court
- Supreme Court of India
- Petitioner
- G. Shashikala (Died) Through Lrs.
- Respondent
- G. Kalawati Bai(Died) Through Lr
- Author
- Abhay Manohar Sapre
- Bench
- Dinesh Maheshwari, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the appeals without properly considering the application filed under Order 41 Rule 27 of the Code of Civil Procedure, 1908. The Court emphasized that the Appellate Court must decide such applications in accordance with established precedents, specifically referencing North Eastern Railway Administration vs. Bhagwan Das, Shalimar Chemical Works Limited vs. Surendra Oil & Dal Mills, and Corporation of Madras vs. M. Parthasarathy. Consequently, the Court remanded the case to the High Court for a fresh hearing on merits.