Supreme Court of India
Basayya I. Mathad v. Rudrayya S. Mathad and Ors.
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What the Court ordered
We are of the view that the finding of the learned Judge based on a document produced at the time of argument de hors to Rule 27 referred above cannot be sustained in the eye of law.
Judgment, page 13
From the headnote
Code of Civil Procedure, 1908 : s.100, O.XLI r.27 - Suit for partition - Dismissed by trial court and first appellate court:.._ On second appeal under s. 100, High Court directed the party to produce a document of 'grant' - After perusing the same, High Court held that finding of courts below were contrary to the 'grant' - Allowed the appeal and remanded case to first appellate court with direction to decide the same in the light of finding and conclusion arrived at by it- Propriety of - Held: Not proper -Allowing the second appeal without framing substantial question of law is contrary to
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