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.