Felix Rojario v. Shanthi
Case brief
What is this about?
The High Court set aside judgments of courts below where the operative decree was contrary to findings. Due to error apparent on record, the matter was remanded for fresh consideration without requiring fresh evidence.
What did the court decide?
Judgments and decrees of courts below set aside; matter remanded to trial Court for fresh consideration within three months.
What the court decided
S.A.(MD) No.870 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.12.2022
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
S.A.(MD) No.870 of 2012
Felix Rojario ... Appellant/Respondent/ Plaintiff
Vs
1.Shanthi 2.Gnanamuthu ... Respondents/Appellants/ Defendants
Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 03.08.2012 made in A.S.No.13 of 2011 on the file of the Sub Court, Pudukkottai, reversing the judgment and decree dated 29.11.2010 made in O.S.No.224 of 2008 on the file of the District Munsif Court, Pudukkottai.
For Appellant : Mr.N.Balakrishnan For Respondents : Mr.S.Anand Chandrasekar
Issues for consideration
3 issues framed by the court
Whether a judgment and decree passed by the trial Court contrary to its findings are sustainable in law.
Whether the first appeal filed by the respondents as against adverse findings is maintainable given the appellate court assumed there was a decree to set aside where none existed.
Whether the error apparent on the face of the record regarding the description of suit properties warrants remand for fresh consideration.
Parties & counsel
- appellant
Felix Rojario
- respondent
Shanthi
- respondent
Gnanamuthu
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court