Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2008

Supreme Court of India · 2008-07-29

Nune Prasad & Ors vs Nune Ramakrisna

Citation / case number
AIR 2009 SC (SUPP) 607
Court
Supreme Court of India
Petitioner
Nune Prasad & Ors
Respondent
Nune Ramakrisna
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the High Court's judgment allowing a second appeal under Section 100 of the Code of Civil Procedure, 1908, was invalid as it failed to formulate a substantial question of law, which is a prerequisite for such appeals. The Court emphasized that without this formulation, the High Court cannot reverse the judgment of the first appellate court. Consequently, the Supreme Court set aside the High Court's judgment and remitted the matter back for proper proceedings in accordance with law.

Nune Prasad & Ors vs Nune Ramakrisna · Niyam