Supreme Court of India · 2001-12-14
HUBLI-DHARWAR MUNICIPAL CORPN.&ANR vs H.S.MOHD.KHAN (DED) BY LRS..
- Citation / case number
- SC 1998/4996
- Court
- Supreme Court of India
- Petitioner
- HUBLI-DHARWAR MUNICIPAL CORPN.&ANR
- Respondent
- H.S.MOHD.KHAN (DED) BY LRS..
- 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 formulated 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, establishing the principle that adherence to procedural norms is essential in appellate proceedings.