Supreme Court of India
Shasidhar & Others v. Smt.ashwini Uma Mathad &anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above salutary principles, on going through the impugned judgment, we feel 8 that the High Court has failed to discharge the obligation placed on it as a first appellate court.
Judgment, page 11
From the headnote
Code of Civil Procedure, 1908 - s. 96 rlw. Or. 41 r. 31 - First appeal - Scope of- Suit for partition by coparcener/co owner - Partially allowed by trial court in preliminary decree - High Court order in first appeal was detriment to the defendants - On appeal, held: The High Court should have answered the issues which were material for proper disposal of the partition suit by going into merits of the claims - Being the first appellate court, it was duty of the High Court to decide the appeal, keeping in view the scope and powers conferred u/s. 96 rlw. Or. 41 r. 31 - Suit- Partition suit.
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Where later benches applied it
Of those, 1 relied on
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