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.