Supreme Court of India · 2009-04-01
Sundaraneedi Satyanarayana & Anr vs Arigala Venkataratnam & Ors
- Court
- Supreme Court of India
- Petitioner
- Sundaraneedi Satyanarayana & Anr
- Respondent
- Arigala Venkataratnam & Ors
- Bench
- G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that the High Court erred in considering the validity of a sale deed executed after a notice demanding partition was issued by the plaintiff, as this question was not raised in the Trial Court and constituted a mixed question of fact and law. The Court emphasized that such issues cannot be introduced for the first time in a second appeal under Section 100 CPC. Consequently, the Supreme Court reversed the High Court's judgment, restoring the decree of the Lower Appellate Court.