Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908- s.100 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908- s.100 – Second Appeal – Appellant was adopted by his parental uncle at about the age of 14 years as per the rites and customs of the community – After death of his adoptive father, the appellant shifted to a nearby village, from where he managed the properties – In 1979, his adoptive mother gifted the disputed properties to his first wife – Appellant filed regular civil suit praying for declaration of ownership of the suit properties and perpetual injunction – Appellant examined himself and five other witness to prove his adoption and his possession over the suit properties – Trial court dismissed the suit – First Appellate Court allowed regular appeal preferred by the appellant and decided that appellant had been adopted and thus entitled to succeed the property – High Court considered certain questions and allowed second appeal – On appeal, held: There was no question of law, let alone any substantial question of law, involved in the Second Appeal – On facts, it cannot be said that the First Appellate Court acted on no evidence – There was no such infirmity in the reasoning of the First Appellate Court which called for interference – The right of appeal is not automatic but conferred by statute – The questions raised in High Court, did not meet the tests laid down by Supreme Court for holding that the questions are substantial questions of law – Judgment and decree of the First Appellate Court restored. Substantial question of Law – Meaning and scope – Held – To be ‘substantial’, a question of law must be debatable, not previously settled by law of the land or a binding precedent, and must have a material bearing on the decision of the case, if answered either way, insofar as the rights of the parties before it are concerned – It will depend on the facts and circumstance of each case whether a question of law is a substantial one and involved in the case or not, the paramount overall consideration being the need for striking a judicious balance between the indispensable obligation to do justice at all stages and impelling necessity of avoiding prolongation in the life of any lis. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 997 |
Petitioner | Chandrabhan (deceased) Through Lrs. & Ors. |
Respondent | Saraswati & Ors. |
SCR | [2022] 7 S.C.R. 295 |
Judgement Date | 2022-09-22 |
Case Number | 6857 |
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