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february 2009

Supreme Court of India · 2009-02-23

KOPPISETTY VENKAT RATNAM(D) TR.LRS. vs PAMARTI VENKAYAMMA

Citation / case number
SC 2008/21852
Court
Supreme Court of India
Petitioner
KOPPISETTY VENKAT RATNAM(D) TR.LRS.
Respondent
PAMARTI VENKAYAMMA

Judgment text excerpt

The Supreme Court held that the High Court's decision to set aside the concurrent findings of fact from two lower courts without formulating a substantial question of law contravenes Section 100 of the Code of Civil Procedure, 1908. The Court emphasized that the 1976 Amendment mandates the formulation of such questions to ensure finality in litigation and prevent endless appeals. Consequently, the Supreme Court upheld the principle that a second appeal should only be entertained on substantial questions of law, reinforcing the need for judicial restraint in civil litigation.

KOPPISETTY VENKAT RATNAM(D) TR.LRS. vs PAMARTI VENKAYAMMA · Niyam