Supreme Court of India · 2009-05-13
Surat Singh vs Hukam Singh Negi
- Citation / case number
- AIRONLINE 2009 SC 556
- Court
- Supreme Court of India
- Petitioner
- Surat Singh
- Respondent
- Hukam Singh Negi
- Bench
- B.S. Chauhan, G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that the High Court's order allowing an appeal without framing a substantial question of law contravenes the mandatory requirement under Section 100 of the Code of Civil Procedure, 1908. The Court set aside the High Court's order and directed it to determine if a substantial question of law arises in the second appeal, ensuring proper opportunity for hearing to the parties. The appeal was consequently allowed, reinforcing the procedural necessity of framing substantial questions in civil appeals.