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march 2009

Supreme Court of India · 2009-03-02

Hazura Singh(D)Tr.Lr vs Gurdial Singh & Ors

Citation / case number
AIRONLINE 2009 SC 224
Court
Supreme Court of India
Petitioner
Hazura Singh(D)Tr.Lr
Respondent
Gurdial Singh & Ors
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the High Court's order allowing a second appeal without framing a substantial question of law, as required under Section 100 of the Code of Civil Procedure, was improper. The Court emphasized that the failure to frame such a question renders the order liable to be set aside. Consequently, the appeal was allowed, and the matter was remanded to the High Court for proper consideration of any substantial questions of law arising from the second appeal.

Hazura Singh(D)Tr.Lr vs Gurdial Singh & Ors · Niyam