Supreme Court of India · 2007-09-17
Boodireddy Chandraiah And Ors vs Arigela Laxmi And Anr
- Citation / case number
- AIR 2008 SUPREME COURT 380
- Court
- Supreme Court of India
- Petitioner
- Boodireddy Chandraiah And Ors
- Respondent
- Arigela Laxmi And Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, D.K. Jain
Judgment text excerpt
The Supreme Court held that under Section 100 of the Code of Civil Procedure, 1908, a second appeal can only be maintained if a substantial question of law is formulated, which the High Court must satisfy itself exists before proceeding. The Court emphasized that the right to appeal is a statutory right and must adhere strictly to the prescribed conditions, distinguishing between questions of law and substantial questions of law. The judgment of the Andhra Pradesh High Court allowing the second appeal without formulating such a question was set aside, reinforcing the procedural requirements for second appeals.