Supreme Court of India · 2008-02-26
ARUN CHANDRA DAS MAZUMDAR vs ABDUL NOOR BARBHUIYA(DEAD)BY LRS..
- Citation / case number
- SC 2000/15283
- Court
- Supreme Court of India
- Petitioner
- ARUN CHANDRA DAS MAZUMDAR
- Respondent
- ABDUL NOOR BARBHUIYA(DEAD)BY LRS..
- 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 of 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 the necessity of framing substantial questions of law before proceeding with appeals. The appeal was allowed, restoring the Second Appeal to the High Court for proper adjudication.