Supreme Court of India · 2010-06-02
District Collector,Srikakulam & Ors vs Bagathi Krishna Rao & Anr
- Citation / case number
- AIR 2010 SUPREME COURT 2617
- Court
- Supreme Court of India
- Petitioner
- District Collector,Srikakulam & Ors
- Respondent
- Bagathi Krishna Rao & Anr
- Bench
- B.S. Chauhan, Swatanter Kumar
Judgment text excerpt
The Supreme Court held that the Second Appeal filed by the appellants was not maintainable as it did not include the State of Andhra Pradesh, a necessary party, nor did it frame any substantial question of law as required under Section 100 of the Code of Civil Procedure. The Court emphasized that the absence of necessary parties and failure to frame substantial questions of law rendered the appeal invalid. Consequently, the dismissal of the Second Appeal by the High Court was upheld, reinforcing the procedural requirements for maintaining such appeals.