VidhiSangh

Supreme Court of India · 03/11/2020

SHRI RAM SAHU (DEAD) THROUGH LRS. versus VINOD KUMAR RAWAT & ORS.

[2020] 11 S.C.R. 865 · 2020 INSC 627

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Summary

The Court set aside a review order deleting the High Court’s earlier observations recognizing the plaintiffs’ possession. Those observations rested on pleaded facts and evidence, including the defendants’ own request for possession. Absence of a separately framed possession issue caused no prejudice where the parties understood and addressed it. Review could not be used to rehear a supported merits finding as though in appeal.

Issues

  1. Whether the High Court could delete its possession findings in review on the ground that no separate issue on possession had been framed.

Provisions considered

Held

Result

Appeal allowed without costs. High Court review order quashed and paragraph 20 of its 10 December 2013 first-appeal judgment restored.

Judgment PDF: Supreme Court of India, [2020] 11 S.C.R. 865.