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february 2008

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.

Arun Chandra Das Mazumdar vs Abdul Noor Barbhuiya (Dead) By Lrs. & Ors · Niyam