JAGTAR SINGH versus PARGAT SINGH AND ORS.

JAGTAR SINGH versus PARGAT SINGH AND ORS.

Counsel has power to make a statement to withdraw appeal and court has power to dismiss appeal as withdrawn without entering merits; action taken by counsel and court is consistent with Code of Civil Procedure provisions.

Parties
Petitioner: Jagtar Singh; Respondent: Pargat Singh; Respondents: Other Respondents
Jurisdiction
India
Judgment Date
27 November 1996
Procedural Posture
Special Leave Petition (civil) / Final Disposal
Outcome
Petition dismissed
Legal Topics
Withdrawal of Appeal, Counsel's Authority, Appellate Procedure
Civil Procedure Withdrawal of Appeal Counsel's Authority Appellate Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Jagtar Singh

Petitioner

Pargat Singh

Respondent

Other Respondents

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Disposal

Legal Issues

  1. 1 Whether counsel can withdraw appeal without specific authority
  2. 2 Whether court must decide the appeal on merits after admission

Ratio Decidendi

Counsel has power to make a statement to withdraw appeal and court has power to dismiss appeal as withdrawn without entering merits; action taken by counsel and court is consistent with Code of Civil Procedure provisions.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed with liberty to petitioner to proceed in accordance with law