Supreme Court of India · 2009-12-10
K.K. Kannan (D) By Lrs vs Koolivathukkal Karikkan Mandi & Ors
- Citation / case number
- AIR 2010 SC (SUPP) 194
- Court
- Supreme Court of India
- Petitioner
- K.K. Kannan (D) By Lrs
- Respondent
- Koolivathukkal Karikkan Mandi & Ors
- Bench
- P. Sathasivam, Asok Kumar Ganguly
Judgment text excerpt
The Supreme Court held that the High Court failed to comply with the mandates of Section 100 of the Code of Civil Procedure, which requires the formulation of a substantial question of law before entertaining a second appeal. The Court emphasized that merely referring to grounds in the memorandum of appeal does not satisfy the requirement of formulating a substantial question. Consequently, the Supreme Court set aside the High Court's judgment and remitted the case for fresh disposal, ensuring adherence to the procedural requirements of Section 100 CPC.