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.