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.