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february 2009

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.

Parul Bala Ghosh & Ors vs Bishnu Pada Ghosh & Ors · Niyam