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february 2008

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.

ARUN CHANDRA DAS MAZUMDAR vs ABDUL NOOR BARBHUIYA(DEAD)BY LRS.. · Niyam