Supreme Court of India · 2004-10-15
Mathakala Krishnaiah vs V. Rajagopal
- Citation / case number
- 2004 AIR SCW 6336
- Court
- Supreme Court of India
- Petitioner
- Mathakala Krishnaiah
- Respondent
- V. Rajagopal
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court held that the Andhra Pradesh High Court's judgment in a Second Appeal was unsustainable as it failed to frame a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908. The Court emphasized that the High Court must formulate a substantial question of law before hearing a Second Appeal, and the absence of such formulation invalidates the judgment. Consequently, the Supreme Court set aside the High Court's decision and restored the trial court's decree.