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march 2009

Supreme Court of India · 2009-03-18

Rameshwar Dayal Mangla @ Ramesh Chand vs Harish Chand & Anr

Citation / case number
AIR 2009 SC (SUPP) 2065
Court
Supreme Court of India
Petitioner
Rameshwar Dayal Mangla @ Ramesh Chand
Respondent
Harish Chand & Anr
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the High Court's failure to formulate a substantial question of law under Section 100 of the Code of Civil Procedure, 1908, renders its judgment unsustainable. The Court emphasized that the jurisdiction of the High Court in second appeals is limited to those involving substantial questions of law, as established in prior cases such as Ishwar Dass Jain v. Sohan Lal and Roop Singh v. Ram Singh. Consequently, the Court set aside the impugned judgment and remitted the matter back to the High Court for proper proceedings.

Rameshwar Dayal Mangla @ Ramesh Chand vs Harish Chand & Anr · Niyam