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august 2008

Supreme Court of India · 2008-08-22

Ram Niwas vs Raj Dulari & Ors

Court
Supreme Court of India
Petitioner
Ram Niwas
Respondent
Raj Dulari & Ors
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court held that the High Court's jurisdiction under Section 100 of the Code of Civil Procedure requires the formulation of substantial questions of law, which the High Court failed to do in this case. The Court found that the High Court did not properly appreciate the pleadings and committed an illegality in reversing the findings of the lower appellate court. Consequently, the Supreme Court set aside the High Court's judgment, allowed the Second Appeal, and remitted the matter for fresh consideration, directing the High Court to resolve it expeditiously within six months.

Ram Niwas vs Raj Dulari & Ors · Niyam