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august 2008

Supreme Court of India · 2008-08-29

N. BALAKRISHNAN vs KAILASA NAICKER (D) BY LRS.

Citation / case number
SC 2005/26647
Court
Supreme Court of India
Petitioner
N. BALAKRISHNAN
Respondent
KAILASA NAICKER (D) BY LRS.
Author
B.N. AGRAWAL,G.S. SINGHVI, , ,
Bench
B.N. AGRAWAL,G.S. SINGHVI, , ,

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 framing such a question, rendering the order invalid. Consequently, the appeals were allowed, the impugned judgment was set aside, and the second appeal was restored for reconsideration by the High Court.

N. BALAKRISHNAN vs KAILASA NAICKER (D) BY LRS. · Niyam