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march 2007

Supreme Court of India · 2007-03-07

M/S. WYAWAHARE & SONS vs MADHUKAR RAGHUNATH BHAVE

Citation / case number
SC 2005/1525
Court
Supreme Court of India
Petitioner
M/S. WYAWAHARE & SONS
Respondent
MADHUKAR RAGHUNATH BHAVE
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the Bombay High Court's order allowing a second appeal under Section 100 of the Code of Civil Procedure, 1908, was invalid as it failed to formulate a substantial question of law, which is a prerequisite for such appeals. The Court emphasized that the High Court must explicitly state the substantial question of law involved, as established in Ishwar Dass Jain v. Sohan Lal and Roop Singh v. Ram Singh. Consequently, the Supreme Court set aside the High Court's judgment, reinforcing the procedural requirement under Section 100 CPC.

M/S. WYAWAHARE & SONS vs MADHUKAR RAGHUNATH BHAVE · Niyam