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january 2007

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.

MAHAVIR vs LAKHMI · Niyam