Supreme Court of India · 2009-02-23
Parul Bala Ghosh & Ors vs Bishnu Pada Ghosh & Ors
- Citation / case number
- AIRONLINE 2009 SC 490
- Court
- Supreme Court of India
- Petitioner
- Parul Bala Ghosh & Ors
- Respondent
- Bishnu Pada Ghosh & Ors
- Bench
- G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that the High Court erred in deciding the second appeal without framing substantial questions of law as required under Section 100 of the Code of Civil Procedure. The Court found that the grounds in the memorandum of appeal did not specify substantial questions of law, and the High Court's failure to frame such questions rendered its order liable to be set aside. Consequently, the appeal was allowed, the impugned order was set aside, and the matter was remitted to the High Court for proper consideration of substantial questions of law.