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august 2001

Supreme Court of India · 2001-08-31

Birendera Kumar Dubey And Anr vs Girja Nandan Dubey And Ors

Citation / case number
2001 AIR SCW 4595
Court
Supreme Court of India
Petitioner
Birendera Kumar Dubey And Anr
Respondent
Girja Nandan Dubey And Ors
Bench
Syed Shah Mohammed Quadri, S.N. Phukan

Judgment text excerpt

The Supreme Court held that the High Court erred in disposing of the Second Appeal without framing a substantial question of law as required under Sections 100 and 101 of the C.P.C. The Court emphasized that the High Court can only entertain a Second Appeal when a substantial question of law arises from the judgment of the first Appellate Court. Consequently, the Court set aside the High Court's judgment and remanded the case for fresh disposal, allowing the appeal without costs.

Birendera Kumar Dubey And Anr vs Girja Nandan Dubey And Ors · Niyam