Supreme Court of India · 2008-04-24
Gobind Ram Sharma vs Pramod Kumar Singhania & Ors
- Court
- Supreme Court of India
- Petitioner
- Gobind Ram Sharma
- Respondent
- Pramod Kumar Singhania & Ors
- Bench
- Lokeshwar Singh Panta, S.B. Sinha
Judgment text excerpt
The Supreme Court held that the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure (CPC) by reopening the entire suit and not confining its judgment to the formulated substantial questions of law. The Court emphasized that the High Court must adhere to the limitations set forth in CPC, particularly regarding the formulation of substantial questions of law and the need to provide an opportunity for the respondent to be heard. Consequently, the impugned judgment was set aside, and the matter was remitted to the High Court for fresh consideration.