Supreme Court of India · 2009-04-21
Tara Chand & Ors vs Municipality Gharaunda
- Court
- Supreme Court of India
- Petitioner
- Tara Chand & Ors
- Respondent
- Municipality Gharaunda
- Author
- Tarun Chatterjee
- Bench
- V.S.Sirpurkar, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that the High Court's decision to allow the Second Appeal without formulating substantial questions of law, as mandated by Section 100 of the Code of Civil Procedure, was erroneous. The Court set aside the High Court's judgment and remitted the case for fresh disposal, emphasizing the necessity of framing substantial questions before deciding the appeal. The Court did not address the merits of the case, leaving that for the High Court to determine upon remand.