Supreme Court of India · 2008-02-12
Bokka Subba Rao vs Kukkala Balakrishna & Ors
- Court
- Supreme Court of India
- Petitioner
- Bokka Subba Rao
- Respondent
- Kukkala Balakrishna & Ors
- Author
- Tarun Chatterjee
- Bench
- Tarun Chatterjee, Dalveer Bhandari
Judgment text excerpt
The Supreme Court held that the High Court erred in allowing a second appeal without formulating substantial questions of law as mandated by Section 100 of the Code of Civil Procedure. The Court emphasized that the formulation and consideration of such questions are prerequisites for the High Court's jurisdiction in second appeals. Consequently, the Court set aside the High Court's judgment and remitted the case for fresh consideration after proper formulation of substantial questions of law, ensuring a decision on merits thereafter.