Supreme Court of India · 2008-07-29
NUNE PRASAD vs NUNE RAMAKRISNA
- Citation / case number
- SC 2006/24121
- Court
- Supreme Court of India
- Petitioner
- NUNE PRASAD
- Respondent
- NUNE RAMAKRISNA
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
Judgment text excerpt
The Supreme Court held that the High Court's judgment allowing a second appeal under Section 100 of the CPC was invalid as it failed to formulate a substantial question of law, which is a prerequisite for such appeals. The Court emphasized that the High Court must adhere to the procedural requirements established by Section 100 CPC, particularly post the 1976 Amendment. Consequently, the Supreme Court set aside the High Court's judgment and remitted the matter for reconsideration in accordance with the law.