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august 2008

Supreme Court of India · 2008-08-29

N. Balakrishnan & Anr vs Kailasa Naicker (D) By Lrs

Citation / case number
AIRONLINE 2008 SC 21
Court
Supreme Court of India
Petitioner
N. Balakrishnan & Anr
Respondent
Kailasa Naicker (D) By Lrs
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that in a second appeal under Section 100 of the Code of Civil Procedure, 1908, the High Court must frame and decide any substantial question of law that arises. The Court found that the High Court had overturned the Lower Appellate Court's judgment without addressing a substantial question of law, rendering the order invalid. Consequently, the Court set aside the impugned order and restored the second appeal to its original number for proper consideration of any substantial questions of law.

N. Balakrishnan & Anr vs Kailasa Naicker (D) By Lrs · Niyam