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september 2006

Supreme Court of India · 2006-09-06

Jawala Singh (D) By Lrs.& Ors vs Jagat Singh (D) By Lrs. & Ors

Citation / case number
AIRONLINE 2006 SC 616
Court
Supreme Court of India
Petitioner
Jawala Singh (D) By Lrs.& Ors
Respondent
Jagat Singh (D) By Lrs. & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the Punjab and Haryana High Court's judgment allowing a Second Appeal under Section 100 CPC was invalid as it failed to formulate a substantial question of law, which is a prerequisite for such appeals. The Court reiterated that under Section 100 CPC, the jurisdiction of the High Court 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 civil appeals.

Jawala Singh (D) By Lrs.& Ors vs Jagat Singh (D) By Lrs. & Ors · Niyam