Supreme Court of India · 2007-01-22
MAHAVIR vs LAKHMI
- Citation / case number
- SC 2004/26246
- Court
- Supreme Court of India
- Petitioner
- MAHAVIR
- Respondent
- LAKHMI
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the Punjab and Haryana High Court erred in allowing a Second Appeal 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 under Section 100 is confined to appeals involving 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.