Supreme Court of India · 2001-12-14
Hubli Dharwar Municipal Corporation ... vs H.S.Mohd.Khan (Dead) By Lrs. & Ors
- Citation / case number
- 2001 AIR SCW 5126
- Court
- Supreme Court of India
- Petitioner
- Hubli Dharwar Municipal Corporation ...
- Respondent
- H.S.Mohd.Khan (Dead) By Lrs. & Ors
- Author
- D.P.Mohapatra
- Bench
- D.P. Mohapatra, P. Venkatarama Reddi
Judgment text excerpt
The Supreme Court held that the High Court's disposal of Second Appeals RSA No.642/97 and RSA No.650/97 was contrary to the procedure prescribed under Section 100 of the Code of Civil Procedure, as no substantial question of law was framed and the Municipal Corporation was not given an opportunity to object to the amendment of the plaint. The Court set aside the High Court's judgment and remitted the matters for fresh disposal in accordance with law, emphasizing the necessity of following due process in appellate proceedings.