Supreme Court of India · 2009-09-14
Devarasu vs Veerasekaran & Anr
- Court
- Supreme Court of India
- Petitioner
- Devarasu
- Respondent
- Veerasekaran & Anr
- Bench
- G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that the High Court's failure to formulate a substantial question of law before hearing the appeal violated Section 100 of the Code of Civil Procedure. The Court emphasized that the formulation must occur prior to the hearing to ensure that the respondent has the opportunity to address the question. Consequently, the Court set aside the impugned judgment and remitted the matter back to the High Court for proper consideration of whether a substantial question of law arises in the second appeal.