Supreme Court of India · 2008-02-26
Arun Chandra Das Mazumdar vs Abdul Noor Barbhuiya (Dead) By Lrs. & Ors
- Court
- Supreme Court of India
- Petitioner
- Arun Chandra Das Mazumdar
- Respondent
- Abdul Noor Barbhuiya (Dead) By Lrs. & Ors
- Bench
- H.K. Sema, Markandey Katju
Judgment text excerpt
The Supreme Court held that the High Court erred in interfering with the findings of fact by the First Appellate Court without properly framing a substantial question of law as required under Section 100 of the Code of Civil Procedure (C.P.C.). The Court set aside the High Court's order and remitted the matter for a fresh hearing, emphasizing that the absence of a substantial question of law must be addressed before proceeding with the appeal. The appeal was allowed, restoring the Second Appeal to the High Court for proper adjudication.