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may 2007

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.

Patrick Jj. Saldanha vs Antony M. Saldanha · Niyam