Supreme Court of India · 2006-12-14
G. Susheela (D) Thr. L.Rs. ..... ... vs M. Rajyalakshmi & Anr. ..... ...
- Citation / case number
- AIRONLINE 2006 SC 301
- Court
- Supreme Court of India
- Petitioner
- G. Susheela (D) Thr. L.Rs. ..... ...
- Respondent
- M. Rajyalakshmi & Anr. ..... ...
- Bench
- G. P. Mathur, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that the High Court's disposal of a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, without formulating a substantial question of law, is not sustainable. Citing Ishwar Dass Jain v. Sohan Lal and Roop Singh v. Ram Singh, the Court emphasized that the High Court's jurisdiction is limited to appeals involving substantial questions of law and cannot reverse lower court judgments based on pure questions of fact. Consequently, the Court set aside the High Court's judgment and restored the trial court's decree.