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 - Second appeal - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - s. 100 - Second appeal - Substantial question of law - On facts, dismissal of second appeal in limine observing that the appeal does not involve any substantial question of law - Correctness of - Held: When the Court is called upon to interpret the documents and examine its effect, it involves questions of law - Thus, it is, obligatory upon the High Court to decide such questions on merits - On facts, having regard to the nature of controversy and issues involved regarding ownership based on interpretation of documents (exhibits), the questions did constitute substantial questions of law - High Court did not examine any document for deciding the ownership issue - High Court could do so after framing substantial questions of law - However, it was not done - High Court committed a jurisdictional error - Matter remanded to the High Court for deciding the second appeal afresh on merits |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 157 |
Petitioner | Sk. Bhikan S/o Sk. Noor Mohd. |
Respondent | Mehamoodabee W/o Sk. Afzal & Ors. |
SCR | [2017] 1 S.C.R. 841 |
Judgement Date | 2017-02-20 |
Case Number | 3048 |
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