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

july 2005

Supreme Court of India · 2005-07-12

RAM SAKHI DEVI vs CHHATRA DEVI .

Citation / case number
SC 2003/2267
Court
Supreme Court of India
Petitioner
RAM SAKHI DEVI
Respondent
CHHATRA DEVI .
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA ARIJIT PASAYAT

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 a substantial question of law 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.

RAM SAKHI DEVI vs CHHATRA DEVI . · Niyam