Supreme Court of India
Rama Kt. Barman (died) Thr. Lrs. v. Md. Mahim Ali & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, without examining the merits of the case, we deem it appropriate to set aside the impugned judgment and decree passed by the High Court in the Second Appeal, and remand the same to the High Court for deciding the same afresh and in accordance with law.
Judgment, page 6
From the headnote
Issue for Consideration Matter pertains to the correctness of the order passed by the High Court in second appeal wherein it created a new case for the party, framed the issues and decided them without following the procedure contemplated u/Ord. XLI. Headnotes† Code of Civil Procedures, 1908 – Ord. XLI – Appeals from appellate decree – Procedure contemplated u/Ord. XLI – Compliance – High Court in second appeal framed additional substantial questions of law, which were not raised by any of the parties before the courts below and allowed the appeal without giving any opportunity of leading the
Where later benches applied it
Of those, 1 referred to
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