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march 2009

Supreme Court of India · 2009-03-18

RAMESHWAR DAYAL MANGLA @ RAMESH CHAND vs HARISH CHAND

Citation / case number
SC 2008/20230
Court
Supreme Court of India
Petitioner
RAMESHWAR DAYAL MANGLA @ RAMESH CHAND
Respondent
HARISH CHAND
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the High Court's judgment allowing a second appeal under Section 100 of the CPC was unsustainable as it failed to formulate a substantial question of law, which is a prerequisite for such appeals. The Court reiterated that the jurisdiction of the High Court in second appeals is confined to substantial questions of law and cannot address pure questions of fact. Consequently, the judgment was set aside and the matter was remitted back to the High Court for proper proceedings in accordance with law.

RAMESHWAR DAYAL MANGLA @ RAMESH CHAND vs HARISH CHAND · Niyam