Kulwant Kaur & Ors vs Gurdial Singh Mann (Dead) By Lrs & Ors

The Supreme Court addressed the applicability of Section 100 of the Code of Civil Procedure in relation to Section 41 of the Punjab Courts Act, 1918. The Court held that the earlier decision in Banarsi Dass v. Brig. Maharaja Sukhjit Singh, which allowed a second appeal under Section 41, was based on a concession and thus not a binding precedent. The Court concluded that the High Court erred in entertaining the second appeal without a substantial question of law, violating the procedural requirements of Section 100 CPC.