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december 2006

Supreme Court of India · 2006-12-14

G. SUSHEELA (D) TH.LRS. vs M. RAJYALAKSHMI

Citation / case number
SC 2005/27878
Court
Supreme Court of India
Petitioner
G. SUSHEELA (D) TH.LRS.
Respondent
M. RAJYALAKSHMI
Bench
G. P. MATHUR & LOKESHWAR SINGH PANTA

Judgment text excerpt

The Supreme Court held that the High Court erred in disposing of the Second Appeal without formulating a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908. The Court emphasized that the jurisdiction of the High Court in second appeals is confined to substantial questions of law and cannot interfere with pure questions of fact. Consequently, the judgment of the High Court was set aside, and the matter was remanded for proper consideration in accordance with the law.

G. SUSHEELA (D) TH.LRS. vs M. RAJYALAKSHMI · Niyam