RUMA PAL, DALVEER BHANDARI
Gurdev Kaur – Appellant
Versus
Kaki – Respondent
(2). Judges must administer law according to the provisions of law. It is the bounden duty of judges to discern legislative intention in the process of adjudication. Justice administered according to individuals whim, desire, inclination and notion of justice would lead to confusion, disorder and chaos.
(3). Indiscriminate and frequent interference, under Section 100 CPC in cases which are totally devoid of any substantial question of law is not only against the legislative intention but is also the main cause of huge pendency of second appeals in the High Courts leading to colossal delay in the administration of justice in civil cases in our country.
(4). Despite declaration of law in numerous judgments, it is evident that the scope and ambit of Section 100 CPC has not been properly appreciated and applied in a large number of cases. We are, once again making a serious endeavour to discern legislative intention, ambit and scope of interference under Section 100 CPC. We plan to carry out this exercise by critically examining important judgments decided before and after 1976 amendment in Section 100 CPC. This effort is made with the hope that in futur
Deity Pattabhiramaswamy vs. S. Hanymayya (AIR 1959 SC 57) 40
Madamanchi Ramappa vs. Muthalur Bojjappa ((1964) 2 SCR 673 : AIR 1963
Bholaram vs. Ameerchand ((1981) 2 SCC 414) 46
Kshitish Chandra Purkait vs. Santosh Kumar Purkait ((1997) 5 SCC 438) 47
Dnyanoba Bhaurao Shemade vs. Maroti Bhaurao Marnor ((1999) 2 SCC 471) 48
Sheel Chand vs. Prakash Chand ((1998) 6 SCC 683) 49
Kanai Lal Garari vs. Murari Ganguly ((1999) 6 SCC 35) 50
Panchugopal Barua vs. Umesh Chandra Goswami ((1997) 4 SCC 713) 50
Santosh Hazari vs. Purushottam Tiwari ((2001) 3 SCC 179) 50
K. Raj vs. Muthamma ((2001) 6 SCC 279) 50
Kamti Devi vs. Poshi Ram ((2001) 5 SCC 311 : 2001 SCC (Cri) 892) 52
Thiagarajan vs. Sri Venugopalaswamy B. Koil ((2004) 5 SCC 762) 53
State of Kerala vs. Mohd. Kunhi ((2005) 10 SCC 139) 56
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