Supreme Court of India · 2008-10-13
Dharam Singh vs Karnail Singh & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 758
- Court
- Supreme Court of India
- Petitioner
- Dharam Singh
- Respondent
- Karnail Singh & Ors
- Author
- Arijit Pasayat
- Bench
- J.M. Panchal, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the High Court's dismissal of a second appeal under Section 100 of the Code of Civil Procedure, 1908, without formulating a substantial question of law, was improper. The Court emphasized that the formulation of such a question is a mandatory requirement, although the High Court may decide on a different substantial question if reasons are recorded. The judgment of the High Court was set aside, and the matter was remanded for reconsideration in accordance with the law.