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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
SC 2007/5465
Court
Supreme Court of India
Petitioner
JARNAIL SINGH (D) TR.LRS.
Respondent
DHANNA SINGH & ORS,

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 is erroneous and contrary to established legal principles. The Court emphasized that the High Court must frame a substantial question of law 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