Niyam v2 is live — start for just ₹100 — 200 credits to try

october 2004

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.

Mathakala Krishnaiah vs V. Rajagopal · Niyam