VidhiSangh

Supreme Court of India · 09/04/2018

UMA PANDEY & ANR. versus MUNNA PANDEY & ORS.

[2018] 3 S.C.R. 1056 · 2018 INSC 314

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside dismissal of a partition second appeal at admission and remanded it on five substantial questions of law concerning Ex-A. Both lower courts had relied on that document while reaching opposite results. Its interpretation, admissibility and effect on the parties’ rights warranted examination under section 100 CPC. The Court left the document’s nature, registration requirement, binding effect and consequences of its admission without objection open for the High Court, preferably within six months.

Issues

  1. Whether questions concerning Ex-A required admission and adjudication of the second appeal.
  2. Which questions should be determined on remand.

Held

Result

Appeal allowed; High Court judgment set aside and second appeal remanded for decision on the five framed substantial questions, preferably within six months. No merits determination or restoration of the partition decree was ordered.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 1056.