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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 13210 - 13211/ 2024 [@ SLP [C] NO.6295-6296/2022]
JOE PHILIP Appellant(s)
VERSUS
KISHORE Respondent(s)
O R D E R
Leave granted.
On a perusal of the impugned judgment(s), it
appears to us that the mandate of Section 100 of the
Code of Civil Procedure, 1908 has not been kept in
mind by the High Court while deciding the matter.
The High Court has exercised the power of the First
Appellate Court by re-appreciating the evidence
without even framing the substantial question of law.
In such view of the matter, we set aside the
impugned judgment(s) and remit the matter to the High
Court for fresh consideration.
We request the High Court to frame the
substantial question of law and, thereafter, answer
it after affording reasonable opportunity of being
heard to the parties.
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The appeals stand allowed accordingly.
Pending application(s), if any, shall stand disposed
of.
………………………………………...J. [M.M. SUNDRESH]
………………………………………...J. [ARAVIND KUMAR]
NEW DELHI; NOVEMBER 25, 2024.
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ITEM NO.47 COURT NO.11 SECTION XI-A
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 6295-6296/2022
[Arisin...