BHOLA NATH MISRA versus RAJENDRA PANDEY AND ANR.

BHOLA NATH MISRA versus RAJENDRA PANDEY AND ANR.

The High Court erred in not going into the merits, but given the lapse of two decades and absence of trial and appellate court judgments in the record, remitting the matter would serve no useful purpose. The appeal was dismissed accordingly.

Parties
Appellant: Bhola Nath Misra; Respondent: Rajendra Pandey; Respondent: Second Defendant (name not provided)
Jurisdiction
India
Judgment Date
20 February 1997
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Decree Against Multiple Defendants, Perpetual Injunction, Mandatory Injunction, Abatement of Appeal
Civil Procedure Decree Against Multiple Defendants Perpetual Injunction Mandatory Injunction Abatement of Appeal

Case Brief

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Parties

Bhola Nath Misra

Appellant

Rajendra Pandey

Respondent

Second Defendant (name not provided)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal by Special Leave

Legal Issues

  1. 1 Effect of decree against one of several defendants when contested only by one
  2. 2 Whether High Court erred in not going into merits due to abatement

Ratio Decidendi

The High Court erred in not going into the merits, but given the lapse of two decades and absence of trial and appellate court judgments in the record, remitting the matter would serve no useful purpose. The appeal was dismissed accordingly.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. No costs.