Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Second appeals S 100 CPc mandatory substantial question(s) of law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – s.100 – Second appeals were disposed of by the High Court without framing any substantial question(s) of law – Held: Framing of substantial questions of law in instant appeals was mandatory because the High Court allowed the second appeals and interfered in the judgment of the First Appellate Court, which was impugned in the second appeals – The sine qua non for allowing the second appeal is to first frame the substantial question(s) of law arising in the case and then decide the second appeal by answering the question(s) framed – Thus, case remanded to High Court to first frame substantial question(s), which, according to the appellants of the second appeals, arise in their respective second appeals. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2019 INSC 413 |
Petitioner | Chand Kaur (d) Thr. Lrs. |
Respondent | Mehar Kaur (d) Thr. Lrs. |
SCR | [2019] 5 S.C.R. 886 |
Judgement Date | 2019-03-28 |
Case Number | 3276 |
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