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.