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july 2005

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.

Smt. Ram Sakhi Devi vs Chhatra Devi And Ors · Niyam