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april 2009

Supreme Court of India · 2009-04-17

V. Ramaswamy vs Ramachandran & Anr

Court
Supreme Court of India
Petitioner
V. Ramaswamy
Respondent
Ramachandran & Anr
Author
Arijit Pasayat
Bench
Asok Kuamr Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the Madras High Court's judgment allowing a second appeal under Section 100 of the Code of Civil Procedure, 1908, was invalid as it failed to formulate a substantial question of law, which is a prerequisite for such appeals. The Court emphasized that the High Court's jurisdiction under Section 100 is limited to cases involving substantial questions of law and cannot interfere with pure questions of fact. Consequently, the Supreme Court set aside the High Court's judgment and remitted the matter for proper proceedings in accordance with law.

V. Ramaswamy vs Ramachandran & Anr · Niyam