Justice Tushar Rao Gedela while hearing a matrimonial dispute, opined that the first appellate court ought to have considered balancing equities between the parties.
In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to.
The power under Section 24, CPC can be exercised by the High Court even for inter-State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States, the Supreme Court said.
The Court observed that it would have been entirely a different matter had the appellant filed an appeal in terms of Section 149 CPC and thereafter removed the defects by paying deficit court fees.
The Supreme Court recently reiterated that mere filing of an appeal would not operate as a stay of a decree unless the appeal is listed and there is an interim order passed to that effect.