Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2629 OF 2009
(Arising out of SLP(C) No. 16522 of 2007)
Ragulavalasa Chiranjeevi Rao ……….Appellant
Versus
State of Andhra Pradesh & Ors. ……..Respondents
ORDER
Leave granted.
2) We have heard the learned counsel for the parties.
3) In this appeal, the appellant challenges the judgment and order passed
by the High Court of Andhra Pradesh in Second Appeal No. 347 of
1997 dated 21.2.2007.
4) We have carefully perused the judgment of the High Court. In our
considered view, the approach of the High Court is contrary to the
mandatory provisions of Section 100 of Code of Civil Procedure. On
this short ground, the judgment of the High Court is unsustainable
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and therefore requires to be set aside. We do so. The High Court will
now consider as to whether any substantial question of law or
questions of law would arise on the basis of the pleadings of the
parties, if they arise as indicated above, and then, will hear the parties
and dispose of the same in accordance with law. The appeal is
disposed of accordingly.
…………………………………J.
[ TARUN CHATTERJEE ]
…………………………………J.
[ H.L. DATTU ]
New Delhi,
March 17, 2009.
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