Supreme Court of India · 2006-12-05
SHAH MANSUKHLAL CHHAGANLAL (D) THRU.LR. vs GOHIL AMARSING GOVINDBHAI(D) THRU.LRS.
- Citation / case number
- SC 2003/3814
- Court
- Supreme Court of India
- Petitioner
- SHAH MANSUKHLAL CHHAGANLAL (D) THRU.LR.
- Respondent
- GOHIL AMARSING GOVINDBHAI(D) THRU.LRS.
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the Gujarat High Court's judgment allowing a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, was unsustainable as it failed to formulate any substantial question of law, which is a prerequisite for such appeals. The Court reiterated that under Section 100 CPC, the High Court's jurisdiction is limited to cases involving substantial questions of law and cannot interfere with pure questions of fact. Consequently, the Supreme Court set aside the High Court's judgment, emphasizing the necessity of adhering to procedural requirements in appellate jurisdiction.