Supreme Court of India · 2005-10-19
Sasikumar And Ors vs Kunnath Chellappan Nair And Ors
- Citation / case number
- AIR 2005 SUPREME COURT 4395
- Court
- Supreme Court of India
- Petitioner
- Sasikumar And Ors
- Respondent
- Kunnath Chellappan Nair And Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court held that the Kerala High Court erred in disposing of Second Appeal No. 174 of 1990 without formulating a substantial question of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The Court emphasized that the requirement to formulate such questions is essential for the proper exercise of appellate jurisdiction. Consequently, the judgment of the High Court was set aside, and the matter was remanded for fresh consideration in accordance with the law.