Supreme Court of India · 2008-10-13
Digambar vs Trimbak
- Court
- Supreme Court of India
- Petitioner
- Digambar
- Respondent
- Trimbak
- Bench
- G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that the High Court's order allowing a second appeal without formulating a substantial question of law is invalid, as per the requirements of civil procedure. The Court emphasized that framing a substantial question of law is mandatory in such appeals. Consequently, the Court set aside the High Court's order and remitted the case for fresh consideration after proper formulation of the substantial question of law.