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april 2009

Supreme Court of India · 2009-04-17

V. RAMASWAMY vs RAMACHANDRAN

Citation / case number
SC 2006/10982
Court
Supreme Court of India
Petitioner
V. RAMASWAMY
Respondent
RAMACHANDRAN
Author
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 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 case for proper proceedings in accordance with the law.

V. RAMASWAMY vs RAMACHANDRAN · Niyam