Nilambar Seth v. Dhubuni Seth
Case brief
What is this about?
C.M.P. filed under Order XLI Rule 5 CPC seeking stay of suit for mesne profit holdings that pendency of appeal challenging different mesne profit suit has no bearing on continuance of impugned suit. High Court found no infirmity in impugned order.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Issues for consideration
2 issues framed by the court
Whether the Court of origins can stay proceedings in a suit for mesne profit in view of the pendency of an appeal challenging a different suit for mesne profit for a different period.
Whether the High Court is justified in dismissing the condonation matter for lack of merit.
Parties & counsel
- petitioner
Nilambar Seth and others
- respondent
Dhubuni Seth
Coram
K.R. Mohapatra
Case details
As recorded by the court registry
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