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.