Supreme Court of India · 2009-07-14
Kanwar Singh & Ors vs Nanbai & Ors
- Citation / case number
- AIRONLINE 2009 SC 158
- Court
- Supreme Court of India
- Petitioner
- Kanwar Singh & Ors
- Respondent
- Nanbai & Ors
- Bench
- G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that the High Court's dismissal of the second appeal without determining whether a substantial question of law arose was improper, violating Section 100 of the Code of Civil Procedure, 1908. The Court emphasized the necessity of assessing substantial questions of law in second appeals. Consequently, the appeal was allowed, the High Court's order was set aside, and the matter was remitted for proper consideration.