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.