Supreme Court of India · 2005-01-10
COMMNR.,HINDU RELIGIOUS&CHARITABLE ENDMT vs P.SHANMUGAMA
- Citation / case number
- SC 1999/7680
- Court
- Supreme Court of India
- Petitioner
- COMMNR.,HINDU RELIGIOUS&CHARITABLE ENDMT
- Respondent
- P.SHANMUGAMA
- Author
- Srikrishna
- Bench
- SHIVARAJ V. PATIL & B.N. SRIKRISHNA
Judgment text excerpt
The Supreme Court held that the High Court erred in reversing the findings of the first appellate court without formulating a substantial question of law as required under Section 100 of the Code of Civil Procedure. The Court emphasized that a second appeal can only be entertained if it involves a substantial question of law, and the failure to adhere to this procedural requirement rendered the High Court's judgment unsustainable. Consequently, the Supreme Court set aside the High Court's decision and restored the first appellate court's dismissal of the suit.