Back
2000 Supreme(SC) 103
2000(7) Supreme 559
SUPREME COURT OF INDIA
S.B. Majmudar & D.P. Mohapatra, JJ.
Kempaiah (Dead) by LRs. -Appellant
versus
Doddanaraiah & Ors. -Respondents
Civil Appeal No. 353 of 2000
(Arising out of SLP (C) No. 4088 of 1999)
Decided on 13-1-2000
IMPORTANT POINT
Judgment passed in second appeal without keeping in view the limited jurisdiction available with Court cannot be sustained.
Headnote:Civil Procedure Code, 1908-Section 100-Second appeal-Injunction decree passed by Second Appellate Court in plaintiff s favour-Limited jurisdiction available to Court in second appeal not kept in view-Impugned judgment was liable to be set aside and matter remanded. (Paras 3 and 4)
ORDER
Leave granted.
2. We have heard learned counsel for the appellant as well as learned counsel for respondent Nos. 1 to 3, who are the only contesting respondents being the plaintiffs in whose favour decree for injunction was passed by the Second Appellate Court.
3. Having gone through the impugned judgment we find that the learned Judge who decided the Second Appeal, with respect, has not kept in view the limited jurisdiction available to him under Section 100, Code of Civil Procedure (C.P.C.).
4. Only on this short ground and without expressing any opinion on the merits of the controversy between the parties this appeal is allowed. The impugned judgment is set aside. R.S.A. No. 794 of 1993 is restored to the file of the High Court with a request to re-decide the same in accordance with law after hearing the parties, keeping in view the limited jurisdiction available to the High Court under Section 100 CPC and after following the procedure laid down therein.
5. No costs.
Appeal allowed.
***************
