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2009 Supreme(SC) 1696
Supreme Court of India
THE HONOURABLE MR. JUSTICE MARKANDEY KATJU & THE HONOURABLE MR. JUSTICE ASOK KUMAR GANGULY
Edger Ferus
Versus
Abraham Ittycheria
C.A.Nos.7088-7089 of 2004
Decided On : 04-11-2009
Important Points
An appellate court will dismiss appeals if, after reviewing the record and hearing arguments, no infirmity is found in the impugned order.
Subject
Civil Law - Appellate Procedure
Act Referred
Headnote
(A) Civil Procedure - Appeal - Review of impugned order - No infirmity found in the order passed by the court below.
Facts of the case:
Civil appeals were filed challenging an impugned order passed by the court below.
Findings of Court:
Upon hearing the counsel and perusing the record, the court found no infirmity in the impugned order.
Issues: Whether the impugned order was afflicted by any infirmity that warranted interference by the appellate court.
Ratio Decidendi: Where an appellate court finds no infirmity in the impugned order upon perusing the record and hearing the parties, the appeals are to be dismissed.
Result: Civil Appeals are dismissed.
Facts of the case:
Civil appeals were filed challenging an impugned order passed by the court below.
Findings of Court:
Upon hearing the counsel and perusing the record, the court found no infirmity in the impugned order.
Issues: Whether the impugned order was afflicted by any infirmity that warranted interference by the appellate court.
Ratio Decidendi: Where an appellate court finds no infirmity in the impugned order upon perusing the record and hearing the parties, the appeals are to be dismissed.
Result: Civil Appeals are dismissed.
Legal Category Hierarchy
-
practice and procedure
-
appeals
- civil appeals
-
interlocutory applications
- impleadment
-
appeals
Judgment :
Having heard learned appearing counsel for the parties and having perused the record, we do not find any infirmity in the impugned order.
The Civil Appeals are dismissed accordingly. No costs.
In view of the dismissal of the appeals, no orders need be passed on the application for impeadment, if any.
