Supreme Court of India · 2005-12-14
Madan Lal And Anr. vs Bal Krishan And Ors.
- Citation / case number
- AIR 2006 SUPREME COURT 645
- Court
- Supreme Court of India
- Petitioner
- Madan Lal And Anr.
- Respondent
- Bal Krishan And Ors.
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that the Himachal Pradesh High Court's judgment in a Second Appeal under Section 100 of the Code of Civil Procedure, 1908 was unsustainable as it failed to formulate a substantial question of law before reversing the findings of fact of the lower courts. The Court emphasized that under Section 100, it is essential for the High Court to identify and formulate a substantial question of law, and without this, the appeal cannot be maintained. Consequently, the Supreme Court set aside the High Court's decision, reinforcing the procedural requirement for substantial questions of law in second appeals.