Supreme Court of India · 2007-05-08
Patrick Jj. Saldanha vs Antony M. Saldanha
- Citation / case number
- AIR 2007 SUPREME COURT 2620
- Court
- Supreme Court of India
- Petitioner
- Patrick Jj. Saldanha
- Respondent
- Antony M. Saldanha
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that the Karnataka High Court erred in allowing the 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 limited to appeals involving substantial questions of law and cannot reverse lower court judgments without such formulation. Consequently, the Supreme Court set aside the High Court's order, reinforcing the necessity of adhering to procedural requirements in civil appeals.