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.