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october 2008

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.

Dharam Singh vs Karnail Singh & Ors · Niyam