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.