Supreme Court of India · 2006-12-14
Chilakamarthi Mohana Rao ..... ... vs Patibanda Soma Sundara Rao
- Citation / case number
- AIRONLINE 2006 SC 304
- Court
- Supreme Court of India
- Petitioner
- Chilakamarthi Mohana Rao ..... ...
- Respondent
- Patibanda Soma Sundara Rao
- 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. The Court reiterated that the High Court's jurisdiction in Second Appeals is limited to substantial questions of law, as established in Ishwar Dass Jain v. Sohan Lal and Roop Singh v. Ram Singh. Consequently, the Supreme Court set aside the High Court's judgment and remanded the matter for fresh disposal by the trial court.