Supreme Court of India · 2010-07-30
Kundan Singh(Dead) & Anr vs Salinder Kaur & Ors
- Court
- Supreme Court of India
- Petitioner
- Kundan Singh(Dead) & Anr
- Respondent
- Salinder Kaur & Ors
- Bench
- Deepak Verma, Dalveer Bhandari
Judgment text excerpt
The Supreme Court held that the High Court erred in allowing the Second Appeal without formulating a substantial question of law as mandated by Section 100 of the Code of Civil Procedure. The Court emphasized that the formulation of such a question is a prerequisite for entertaining a Second Appeal, referencing the precedent set in Koppisetty Venkatratnam (D) through LRs Vs. Pamarti Venkayamma. Consequently, the Court set aside the impugned judgment and remitted the case back to the High Court for expeditious resolution in accordance with law.