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Order 39 Rule 1, Section 115 of Code of Civil Procedure - Case Law

Karthi ,
  21 September 2020       Share Bookmark

Court :

Brief :
The impugned order passed by High Court was set aside and the previous judgments of the lower courts were validated.
Citation :
Appellant: Tek Singh Respondent: Shashi Verma Citation: Civil Appeal No. 1416 of 2019

Bench:

Saran V, Nariman R F

Issue:

Whether the High Court has given correct judgment by reversing the judgments of its lower courts?

Facts:       

  • Plaintiff was doing his business in Shop no.3 situated in Anand Complex which was owned by Defendant.
  • The Partnership deed of defendant resulted in wrongly dispossessed for the plaintiff.
  • He was wrongly dispossessed., neither with his consent nor with the consent of Defendant No.2.
  • The Trial Court did not grant the relief claimed by the landlady, as it would eventually lead to decree the suit itself
  • Appeal was filed in Additional District Court, but there was no change in the judgment.
  • But High Court gave a judgment setting aside all the findings of the lower court and granted for review petition.

Appellant's Contention:

The appellant contends that High Court cannot reverse any order made in the course of a suit or during a legal proceeding, except where the order is passed in favour of party filing revision, this is clearly stated under Section 115 of C.P.C. Therefore the judgment of High Court shall be set aside.

Respondent's Contention:

The Respondent contended that the decision of High Court was right and cannot be challenged. Respondent pointed out some important precedents which stated that a plaintiff should have a stronger case for trial, in which the standard should be higher than a prima facie case which is required for prohibitory injunction.

Judgment:

The impugned order passed by High Court was set aside and the previous judgments of the lower courts were validated.

"Since the suit filed is a Section 6 suit which is a summary proceeding in itself, the trial Court should endeavour to dispose of the Suit itself within a period of six months from today.

The appeal is allowed in the aforesaid terms." said the Supreme Court of India.

 

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Published in Civil Law
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