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july 2010

Supreme Court of India · 2010-07-30

KUNDAN SINGH(DEAD) vs SALINDER KAUR .

Citation / case number
SC 2004/17937
Court
Supreme Court of India
Petitioner
KUNDAN SINGH(DEAD)
Respondent
SALINDER KAUR .
Author
DALVEER BHANDARI,DEEPAK VERMA, , ,
Bench
DALVEER BHANDARI,DEEPAK VERMA, , ,

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 reiterated that the formulation of a substantial question of law is a prerequisite for the High Court to entertain 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.

KUNDAN SINGH(DEAD) vs SALINDER KAUR . · Niyam