Supreme Court of India · 2009-12-10
K.K. KANNAN (D) BY LRS. vs KOOLIVATHUKKAL KARIKKAN MANDI .
- Citation / case number
- SC 2001/4588
- Court
- Supreme Court of India
- Petitioner
- K.K. KANNAN (D) BY LRS.
- Respondent
- KOOLIVATHUKKAL KARIKKAN MANDI .
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 (CPC) by not formulating a substantial question of law before allowing the second appeal. The Court emphasized that the High Court must satisfy itself that a substantial question of law is involved, formulate that question, and allow the respondent to argue against it. Consequently, the Supreme Court set aside the High Court's judgment and remitted the matter for fresh disposal in accordance with the proper procedure under Section 100 CPC.