KULWANT KAUR vs GURDIAL SINGH MANN (DEAD) BY LRS. .

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 previous decision in Banarsi Dass v. Brig. Maharaja Sukhjit Singh (1998 (2) SCC 81) could not be considered a binding precedent due to the reliance on a concession that was not examined in light of the amended Section 100. Consequently, the Court found that the High Court erred in entertaining the second appeal without a substantial question of law, thus emphasizing the necessity of adhering to the procedural requirements set forth in Section 100 of the Code of Civil Procedure.