Supreme Court of India
Narayana Gramani & Ors. v. Mariammal & Ors.
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What the Court ordered
In view of the foregoing discussion, the appeal succeeds and is allowed.
Judgment, page 10
From the headnote
Code of Civil Procedure, 1908: s. 100 – Second appeal – Power of the High Court while deciding the second appeal – Scope and ambit of – On facts, in second appeal, the High Court allowed the defendants’ appeal and set aside the plaintiffs’ suit which was decreed by the courts below – On appeal, held: Order passed by the High Court not legally sustainable – High Court admitted the second appeal by framing only one substantial question of law, that whether the first appellate court was justified in dismissing the defendants’ first appeal by taking into consideration one earlier litigation in…
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