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april 2009

Supreme Court of India · 2009-04-06

Jarnail Singh (D) Tr.Lrs vs Dhanna Singh & Ors

Citation / case number
AIRONLINE 2009 SC 79
Court
Supreme Court of India
Petitioner
Jarnail Singh (D) Tr.Lrs
Respondent
Dhanna Singh & Ors
Bench
D.K. Jain, R.M. Lodha

Judgment text excerpt

The Supreme Court held that the High Court's decision to allow a second appeal under Section 100 of the Civil Procedure Code, 1908, without formulating a substantial question of law was erroneous. The Court emphasized that it is mandatory for the High Court to frame such a question before disposing of the appeal. Consequently, the Supreme Court set aside the impugned judgment and remitted the matter back to the High Court for a fresh decision in accordance with law.

Jarnail Singh (D) Tr.Lrs vs Dhanna Singh & Ors · Niyam