GANGA BAI versus VIJAY KUMAR & ORS .

GANGA BAI versus VIJAY KUMAR & ORS .

An appeal against a mere finding is not maintainable under the Code of Civil Procedure. The High Court should not have allowed the amendment of the memorandum of appeal after over 7 years without good cause shown and without an application for condonation of delay.

Parties
Appellant: Ganga Bai; Respondents: Vijay Kumar & Ors.
Jurisdiction
India
Judgment Date
09 April 1974
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree Dated 19th March, 1968 of Bombay High Court at Nagpur in First Appeal No. 72 of 1959
Outcome
Appeal allowed
Legal Topics
Maintainability of Appeal, Amendment of Memorandum of Appeal, Delay and Condonation, Appeal Against Finding, Partition Under Hindu Law
Civil Procedure Maintainability of Appeal Amendment of Memorandum of Appeal Delay and Condonation Appeal Against Finding Partition Under Hindu Law

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Parties

Ganga Bai

Appellant

Vijay Kumar & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree Dated 19th March, 1968 of Bombay High Court at Nagpur in First Appeal No. 72 of 1959

Legal Issues

  1. 1 Whether an appeal against a mere finding of fact is maintainable under the Code of Civil Procedure
  2. 2 Whether it was proper for the High Court to allow amendment of the memorandum of appeal after over 7 years without application for condonation of delay or good cause shown

Ratio Decidendi

An appeal against a mere finding is not maintainable under the Code of Civil Procedure. The High Court should not have allowed the amendment of the memorandum of appeal after over 7 years without good cause shown and without an application for condonation of delay.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court set aside
  • Judgment of trial court restored