Supreme Court of India

Hardevinder Singh v. Paramjit Singh & Others

Neutral citation

Reported as [2013] 1 S.C.R. 903

Bench K.S. Radhakrishnan and Dipak Misra JJ.

Decided 7 January 2013

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid premised reasons, we allow the appeal, set aside the judgment of the High Court, treat the F second appeal preferred by the present appellant to be maintainable in law and remit the matter to the High Court with a request to decide the appeal within a period of six months.

Judgment, page 13

From the headnote

Code of Civil Procedure, 1908 - ss. 96 and 100 - Second appeal - Person aggrieved - Legal injury - Plaintiff claiming to be a co-sharer in respect of the property in question filed suit challenging a Will- Defendant no.5, brother of the plaintiff, supported his case - In appeal at the instance of defendant nos. 1 to 4, the plaintiff entered into a settlement with the contesting defendants who had preferred the appeal and the appellate court set aside the decree passed by the trial court - Second appeal filed by defendant no.5 held not maintainable by the High Court - Held: If a person is

Authorities it was built on

1970 Smt. Jatan Kumar Golcha v. M/s. Golcha Properties (p) Ltd. cited by 11
2003 Banarsi and Ors. v. Ram Phal cited by 9
2012 Ayaaubkhan Noorkhan Pathan v. The State of Maharashtra & Ors. cited by 6
2002 Baldev Singh v. Surinder Mohan Sharma and Ors cited by 4
1970 Sahadu Gangaram Bhagade v. Spl. Deputy Collector, Ahmednagar and Another cited by 4

Where later benches applied it

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

Of those, 2 referred to

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