Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2019

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.

G. Shashikala (Died) Through Lrs. vs G. Kalawati Bai(Died) Through Lr · Niyam