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september 2009

Supreme Court of India · 2009-09-14

DEVARASU vs VEERASEKARAN

Citation / case number
SC 2008/27386
Court
Supreme Court of India
Petitioner
DEVARASU
Respondent
VEERASEKARAN

Judgment text excerpt

The Supreme Court held that the High Court's failure to formulate a substantial question of law before hearing an appeal under Section 100 of the Code of Civil Procedure is legally impermissible. The Court emphasized that the respondent must be notified of the substantial question to ensure a fair opportunity to present their case. Consequently, the appeal was allowed, the impugned judgment set aside, and the matter remitted to the High Court for proper consideration of any substantial question of law.

DEVARASU vs VEERASEKARAN · Niyam