Supreme Court of India

Banarsi and Ors. v. Ram Phal

Neutral citation

Reported as [2003] 2 S.C.R. 22

Bench R.C. Lahoti and Brijesh Kumar JJ.

Decided 17 February 2003

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons we are of the opinion that the first Appellate Court ought not to have, while dismissing the appeals filed by the defendant appellants before it, modified the decree in favour of the respondent before it in the absence of cross-appeal or cross-objection.

Judgment, page 21

From the headnote

Code of Civil Procedure, /908: Sections 96 and 100, Order 4/ Rules 4, 22 and 33-Power of Court of appeal to pass decree in absence of appeal or cross objectio.n-Suit for specific performance-Denial of decree of specific performance to plaintiff by trial court-Appeal of another party-No appeal or cross-objection by the plaintiff First appellate court modifying the decree in favour of plaintiff-High Court held that it was not necessary for the plaintiff to file appeal or cross-objection- :0 In appeal, held: In the absence of cross appeal or cross-objection first appellate court did not have

Authorities it was built on

1970 Smt. Jatan Kumar Golcha v. M/s. Golcha Properties (p) Ltd. cited by 11
1974 Harihar Prasad Singh and Ors. v. Balmiki Prasad Singh and Ors. cited by 7
1970 Sahadu Gangaram Bhagade v. Spl. Deputy Collector, Ahmednagar and Another cited by 4

Where later benches applied it

2025 Dharmrao Sharanappa Shabadi and Others v. Syeda Arifa Parveen relied on
2024 Shingara Singh v. Daljit Singh & Anr relied on
2024 Vaibhav Jain v. Hindustan Motors Pvt. Ltd. relied on
2013 Hardevinder Singh v. Paramjit Singh & Others relied on
2021 Shri Saurav Jain & Anr. v. M/s A. B. P. Design & Anr. referred to
2021 Ghanashyam Mishra and Sons Private Limited through the Authorized Signatory v. Edelweiss Asset Reconstruction Company Limited through the Director & Ors. referred to
2019 Prabhakar Gones Prabhu Navelkar (dead) through Lrs & Ors. v. Saradchandra Suria Prabhu Navelkar (dead) through Lrs. & Ors. referred to
2019 State of Andhra Pradesh & Ors. v. B. Ranga Reddy (d) by Lrs & Ors. referred to
2012 Speaker Haryana Vidhan Sabha v. Kuldeep Bishnoi & Ors. referred to

Of those, 4 relied on · 5 referred to

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