Supreme Court of India

Ajay Bansal v. Anup Mehta & Ors.

Neutral citation
Reported as [2007] 1 S.C.R. 953
Bench S.B. Sinha and Markandey Ka Tju JJ.
Decided 16 January 2007

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.

What the Court ordered

We are of the opinion that interest of justice would be met if we direct the writ petition to be converted into a first appeal.

Judgment, page 7

From the headnote

y Code of Civil Procedure, 1908; O.XXXVII rr. 3, 4, 5 and 6 and O.XLI r. 1; ss. 2(2), 2(9), 96 and 105/Constitution of India, 1950; Article 227: Suit for recovery of certain amount with interest-Decreed by Civil c Court-Challenge to-Allowed by High Court-On appeal, Held: An order refusing to grant leave is a judgment-Passing decree after refusing to grant leave to defend almost instantaneous-Application under Article 227 not maintainable when appeal lies against an order/judgment- Theory of depen.dent order not applicable in such a case-Even if this Court were to set aside order refusing

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