Supreme Court of India · 2005-07-12
Smt. Ram Sakhi Devi vs Chhatra Devi And Ors
- Citation / case number
- AIR 2005 SUPREME COURT 4196
- Court
- Supreme Court of India
- Petitioner
- Smt. Ram Sakhi Devi
- Respondent
- Chhatra Devi And Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, S.H. Kapadia
Judgment text excerpt
The Supreme Court held that the Patna 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 interfering with the First Appellate Court's decision. The Court emphasized that Section 100 mandates the formulation of such questions for the High Court to exercise its jurisdiction in Second Appeals. Consequently, the Supreme Court set aside the High Court's judgment and restored the trial court's decree.