Channasomaiah Vs. Chinnappa Reddy & Ors.
EmailAppeal: Civil Appeal No. 2086 of 2000
(Arising out of S.L.P. (C) No. 3523 of 1999)
(Arising out of S.L.P. (C) No. 3523 of 1999)
Petitioner: Channasomaiah
Respondent: Chinnappa Reddy & Ors.
Apeal: Civil Appeal No. 2086 of 2000
(Arising out of S.L.P. (C) No. 3523 of 1999)
(Arising out of S.L.P. (C) No. 3523 of 1999)
Judges: S.P. BHARUCHA, S. RAJENDRA BABU & RUMA PAL, JJ.
Date of Judgment: Mar 13, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 100 – With Constitution – Article 136 – High Court relying upon earlier judgment of Su-preme Court – Said judgment (Jugraj v. Labh Singh) held subse-quently to be incorrect law (in Ram Awadh v. Chhaibar Dubey JT 2000 (1) SC 535). Held that orders of High Court in second appeal are set-aside. Second appeal is restored to High Court for fresh decision.
(Para 2)
Cases Reffered:
1. Ram Awadh (Dead) By LRs. & Ors. v. Chhaibar Dubey & Anr. (JT 2000 (1) SC 535)
2. Jugraj Singh & Anr. v. Labh Singh & Ors. (1995 (2) SCC 31).
JUDGEMENT:
ORDER
1. Leave granted.
2. The learned Single Judge who passed the order under challenge on a second appeal relied upon the judgment of this Court in Jugraj Singh & Anr. v. Labh Singh & Ors. (1995 (2) SCC 31). That judgment has now been re-considered and held to be an incorrect statement of the law in Ram Awadh (Dead) By LRs. & Ors. v. Chhaibar Dubey & Anr.
(JT 2000 (1) SC 535). This being the only basis for the judgment and order under appeal, the judgment and order has to be set aside. It is appropriate, therefore, that the second appeal should stand restored to the file of the High Court to be decided afresh, particularly in relation to other pleas that may be raised.
3. The civil appeal is allowed . The judgment and order under appeal is set aside. The second appeal (RSA No. 1008 of 1997) is restored to the file of the High Court of Karnataka to be heard and disposed of afresh.
4. No order as to costs.
1. Leave granted.
2. The learned Single Judge who passed the order under challenge on a second appeal relied upon the judgment of this Court in Jugraj Singh & Anr. v. Labh Singh & Ors. (1995 (2) SCC 31). That judgment has now been re-considered and held to be an incorrect statement of the law in Ram Awadh (Dead) By LRs. & Ors. v. Chhaibar Dubey & Anr.
(JT 2000 (1) SC 535). This being the only basis for the judgment and order under appeal, the judgment and order has to be set aside. It is appropriate, therefore, that the second appeal should stand restored to the file of the High Court to be decided afresh, particularly in relation to other pleas that may be raised.
3. The civil appeal is allowed . The judgment and order under appeal is set aside. The second appeal (RSA No. 1008 of 1997) is restored to the file of the High Court of Karnataka to be heard and disposed of afresh.
4. No order as to costs.
