NAGARPALIKA THAKURDWARA versus KHALIL AHMED & ORS.

NAGARPALIKA THAKURDWARA versus KHALIL AHMED & ORS.

The suit was not only for recovery of money but also for permanent injunction and declaration. Section 102 CPC does not bar second appeal when the suit includes reliefs other than recovery of money. The High Court's dismissal of the second appeal solely on quantum was incorrect.

Parties
Appellant: Nagar Palika Thakurdwara; Respondents: Khalil Ahmed & Ors.
Jurisdiction
India
Judgment Date
28 September 2016
Procedural Posture
Civil Appeal / Appeal to Supreme Court From High Court Judgment
Outcome
appeal allowed
Legal Topics
Appeals, Second Appeal, Permanent Injunction, Declaration, Municipal Taxation
Civil Procedure Appeals Second Appeal Permanent Injunction Declaration Municipal Taxation

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Parties

Nagar Palika Thakurdwara

Appellant

Khalil Ahmed & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal to Supreme Court From High Court Judgment

Legal Issues

  1. 1 Whether Section 102 of the Code of Civil Procedure, 1908 bars a second appeal when the suit is for relief beyond recovery of money
  2. 2 Whether the subject matter of the suit was only for recovery of money or included other reliefs such as permanent injunction and declaration

Ratio Decidendi

The suit was not only for recovery of money but also for permanent injunction and declaration. Section 102 CPC does not bar second appeal when the suit includes reliefs other than recovery of money. The High Court's dismissal of the second appeal solely on quantum was incorrect.

Court Disposition

appeal allowed

Orders

  • Impugned judgment set aside
  • Matter remitted to High Court for fresh consideration on merits