Supreme Court of India · 2005-10-19
SASIKUMAR vs KUNNATH CHELLAPPAN NAIR
- Citation / case number
- SC 1998/1107
- Court
- Supreme Court of India
- Petitioner
- SASIKUMAR
- Respondent
- KUNNATH CHELLAPPAN NAIR
- Author
- a learned single of
- Bench
- C.K. THAKKER ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the 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 validity of the appeal process. Consequently, the judgment of the High Court was set aside, and the matter was remanded for proper adjudication in accordance with the law.