Supreme Court of India · 2008-03-03
Kashmir Singh vs Harnam Singh & Anr
- Citation / case number
- AIR 2008 SUPREME COURT 1749
- Court
- Supreme Court of India
- Petitioner
- Kashmir Singh
- Respondent
- Harnam Singh & Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam, Aftab Alam
Judgment text excerpt
The Supreme Court held that under Section 100 of the Code of Civil Procedure, 1908, a High Court must formulate a substantial question of law before allowing a second appeal. The Court found that the Punjab and Haryana High Court failed to formulate such a question, rendering its judgment unsustainable. The appeal was allowed, and the High Court's decision was set aside, reaffirming that jurisdiction under Section 100 is limited to substantial questions of law and does not extend to pure questions of fact.