MOHANDAS vs GHISIA BAI — C.A. No. 5652/1997

Case under Section III. Status: Disposed.

Disposed

CNR: SCIN010214811996

Filing Date

21-Dec-1996

Registration No

C.A. No. 5652/1997

Diary Number

21481/1996

Order Date

15-Feb-2001

Document Type

ROP - of Main Case

Disposal Type

Dismissed

Last updated 12-Jun-2026

Acts & Sections

Section III

Petitioner(s)

  1. 1.MOHANDAS

    Adv. SHIV SAGAR TIWARI

Respondent(s)

  1. 1.GHISIA BAI

    Adv. NIRAJ SHARMA

Case History

  1. Case disposedDisposed

  2. 15-Feb-2001

    ROP - of Main CaseView PDF

  3. 21-Dec-1996

    Case filed

    Registration No. C.A. No. 5652/1997

View Full Judgment
casestatus.in Summary

Case Summary: Mohandas v. Ghisia Bai (C.A. No. 005652/1997) Outcome: The Supreme Court allowed the appeal and set aside the High Court's judgment. The case was remitted to the trial court for decision on merits. Key Issue: The court found that the trial court's dismissal of the suit on 7th May, 1994 should have been under Order XVII Rule 2 (non-appearance of parties) of the CPC, not Order XVII Rule 3 (failure to produce evidence). Since the plaintiff-appellant and witnesses were absent, Rule 2 applied, and the High Court's reasoning was erroneous. Directions: The trial court must now decide the declaration and permanent injunction suit on its merits according to law. No costs awarded. This case analysis is maintained by casestatus.in based on publicly available court records.

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