Supreme Court of India · 2009-02-23
PARUL BALA GHOSH vs BISHNU PADA GHOSH .
- Citation / case number
- SC 2007/21248
- Court
- Supreme Court of India
- Petitioner
- PARUL BALA GHOSH
- Respondent
- BISHNU PADA GHOSH .
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 unsustainable. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and remitted the matter for reconsideration of substantial questions of law.