Supreme Court of India · 2007-09-17
BOODIREDDY CHANDRAIAH vs ARIGELA LAXMI
- Citation / case number
- SC 2004/23832
- Court
- Supreme Court of India
- Petitioner
- BOODIREDDY CHANDRAIAH
- Respondent
- ARIGELA LAXMI
- Author
- ARIJIT PASAYAT
- Bench
- D.K. JAIN DR. ARIJIT PASAYAT
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 and stated in the memorandum of appeal. The Court emphasized that the High Court must ensure the existence of such a question before proceeding with the appeal, and cannot decide on mere equitable grounds. The judgment of the Andhra Pradesh High Court was set aside as it failed to adhere to these procedural requirements, reinforcing the necessity of distinguishing between questions of law and substantial questions of law.