Supreme Court of India · 2008-10-13
DHARAM SINGH vs KARNAIL SINGH .
- Citation / case number
- SC 2007/15856
- Court
- Supreme Court of India
- Petitioner
- DHARAM SINGH
- Respondent
- KARNAIL SINGH .
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,J.M. PANCHAL, , ,
Judgment text excerpt
The Supreme Court held that the Punjab and Haryana High Court's dismissal of the second appeal under Section 100 of the Code of Civil Procedure, 1908, was improper as it failed to formulate a substantial question of law, which is a mandatory requirement. The Court emphasized that the High Court must record reasons if it decides on a different substantial question of law. Consequently, the Supreme Court set aside the High Court's judgment and restored the decree of the trial court, allowing the appellant's claim for ownership of the suit property.