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may 2000

Supreme Court of India · 2000-05-05

RAMAVILASOM GRANDHASALA vs N.S.S. KARAYOGAM

Citation / case number
SC 1999/12692
Court
Supreme Court of India
Petitioner
RAMAVILASOM GRANDHASALA
Respondent
N.S.S. KARAYOGAM
Bench
V.N. KHARE & N. SANTOSH HEGDE

Judgment text excerpt

The Supreme Court held that the High Court erred in allowing a second appeal without formulating a substantial question of law as mandated by sub-section (4) of Section 100 of the Code of Civil Procedure. The Court reiterated that the requirement to frame such a question is essential for the High Court to acquire jurisdiction to decide a second appeal on merits. Consequently, the Court set aside the High Court's judgment and remanded the matter for reconsideration after proper formulation of the substantial question of law.

RAMAVILASOM GRANDHASALA vs N.S.S. KARAYOGAM · Niyam