Supreme Court of India · 2008-02-12
BOKKA SUBBA RAO vs KUKKALA BALAKRISHNA .
- Citation / case number
- SC 2005/28340
- Court
- Supreme Court of India
- Petitioner
- BOKKA SUBBA RAO
- Respondent
- KUKKALA BALAKRISHNA .
- Author
- TARUN CHATTERJEE
- Bench
- DALVEER BHANDARI TARUN CHATTERJEE
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 decision of substantial questions of law are prerequisites for the High Court to entertain a second appeal. Consequently, the Court set aside the High Court's judgment and remitted the case for fresh consideration after proper formulation of the substantial questions of law.