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Dev Dutta And Ors. vs Sohan Lal And Ors.

Supreme Court Of India|27 January, 2000

JUDGMENT / ORDER

ORDER S.B. Majmudar, J.
1. There is no question of interference under Article 136 of the Constitution in this Special Leave Petition against the order of the High Court by which the trial court is directed to decide the restitution application under Section 144 C.P.C. at the earliest. When we asked learned Counsel for the petitioners as to what is their grievance in that connection, he submitted that though the restitution application is filed in the year 1981, it is not being decided as yet. It has been brought to our notice that in the said application who was the original applicant has unfortunately died and now there is a dispute amongst the legal heirs of the deceased applicant. All these questions will have to be decided by the trial court. All that we can say is that we reaffirm the direction of the High Court that the pending restitution application must be decided at the earliest in accordance with law by the trial court. The Special Leave Petition is disposed of.
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Title

Dev Dutta And Ors. vs Sohan Lal And Ors.

Court

Supreme Court Of India

JudgmentDate
27 January, 2000
Judges
  • S Majmudar
  • V Khare