Supreme Court of India · 2001-04-17
K. Raj And Anr vs Muthamma
- Citation / case number
- AIR 2001 SUPREME COURT 1720
- Court
- Supreme Court of India
- Petitioner
- K. Raj And Anr
- Respondent
- Muthamma
- Author
- Brijesh Kumar
- Bench
- D.P. Mohapatra, Brijesh Kumar
Judgment text excerpt
The Supreme Court held that the Madras High Court erred in interfering with the findings of fact recorded by the First Appellate Court, violating Section 100 CPC, which restricts the scope of second appeals to substantial questions of law. The Court emphasized that the High Court failed to frame any substantial question of law while deciding the Second Appeal, thus rendering its judgment unsustainable. Consequently, the Supreme Court set aside the High Court's order and restored the First Appellate Court's decree for redemption of the property in question.