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april 2009

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.

Tara Chand & Ors vs Municipality Gharaunda · Niyam