THE NEW INDIA ASSURANCE COMPANY LIMITED v. BUDH RAM & Ors.
Case at a glance
- Decided
- 28 Jan 2008
- Bench
- BLE SHRI N P GUPTA, BLE SHRI DEO NARAYAN THANVI
Provisions considered
- Code of Civil Procedure, 1908 ss. 96, 100A
Judgment
Cause title
Mr. RK MEHTA for Mr. DR LUNKAR, for the appellant / petitioner Date of Order : 28.1.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI DEO NARAYAN THANVI,J.
ORDER -----
Mr. Mehta prays for time. However, in view of the judgments of this Court in RSRTC Vs. Vaibhav Kumar reported in AIR 2007 (Raj.)-147, and bunch of D.B. Civil Special Appeals led by M/s. Koheera Finishing Centre Vs. Regional Director, ESI being D.B. Civil Special Appeal No. 01416/2007 decided on 23.8.2007 which has been rendered after considering the Full Bench decision of this Court in State of Rajasthan Vs. V.R.C. Mishra reported in 2003(2) WLC-235, it has been held that intra court appeal is not maintainable in view of the provisions of Section 100A C.P.C. against the judgment of the Single Judge exercising appellate power under Section 96 C.P.C. or exercising appellate power under any special statute, the appeal is not maintainable, and the same is, therefore, dismissed as not maintainable. ( DEO NARAYAN THANVI ),J. ( N P GUPTA ),J. /Sushil/
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — ss. 96, 100A.
Which court decided this case, and when?
Rajasthan High Court, on 28 Jan 2008. The bench was BLE SHRI N P GUPTA, BLE SHRI DEO NARAYAN THANVI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.