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july 2006

Supreme Court of India · 2006-07-25

C.A. Sulaiman & Ors vs State Bank Of Travancore, Alwayee & Ors

Citation / case number
AIR 2006 SUPREME COURT 2848
Court
Supreme Court of India
Petitioner
C.A. Sulaiman & Ors
Respondent
State Bank Of Travancore, Alwayee & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the Kerala High Court erred in allowing Second Appeals without formulating a substantial question of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The Court emphasized that the High Court's jurisdiction is confined to appeals involving substantial questions of law and cannot reverse lower court judgments without such formulation. Consequently, the Supreme Court set aside the High Court's judgment, reinforcing the necessity of adhering to procedural requirements under Section 100 CPC.

C.A. Sulaiman & Ors vs State Bank Of Travancore, Alwayee & Ors · Niyam