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september 2006

Supreme Court of India · 2006-09-06

JAWALA SINGH (D) BY LRS. vs JAGAT SINGH (D) BY LRS. .

Citation / case number
SC 2002/20864
Court
Supreme Court of India
Petitioner
JAWALA SINGH (D) BY LRS.
Respondent
JAGAT SINGH (D) BY LRS. .
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA ARIJIT PASAYAT

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 post the 1976 Amendment. The Court emphasized that the High Court's jurisdiction under Section 100 is limited to substantial questions of law and cannot interfere with pure questions of fact. Consequently, the Supreme Court set aside the High Court's judgment, reinforcing the necessity of adhering to procedural requirements in civil appeals.

JAWALA SINGH (D) BY LRS. vs JAGAT SINGH (D) BY LRS. . · Niyam