Supreme Court of India · 2006-07-25
C.A.SULAIMAN vs STATE BANK OF TRAVANCORE, ALWAYEE
- Citation / case number
- SC 1998/3345
- Court
- Supreme Court of India
- Petitioner
- C.A.SULAIMAN
- Respondent
- STATE BANK OF TRAVANCORE, ALWAYEE
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the Kerala High Court erred in allowing Second Appeals without formulating substantial questions of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The Court emphasized that the High Court's jurisdiction under Section 100 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 in civil appeals.