Supreme Court of India · 2010-05-05
Sansar Chand vs Swami Vivekanand Adarsh Vidha Mandir
- Citation / case number
- AIRONLINE 2010 SC 106
- Court
- Supreme Court of India
- Petitioner
- Sansar Chand
- Respondent
- Swami Vivekanand Adarsh Vidha Mandir
- Bench
- Gyan Sudha Misra, Dalveer Bhandari
Judgment text excerpt
The Supreme Court held that the High Court of Jammu and Kashmir erred in interfering with the concurrent findings of fact in Civil Second Appeal No.22 of 1998 without formulating a substantial question of law as mandated by Section 100 CPC. Citing Gurdev Kaur and Ors. vs. Kaki and Ors., the Court emphasized that the High Court must first determine if a substantial question of law exists before proceeding with the appeal. The impugned judgment was set aside, and the case was remitted to the High Court for proper evaluation and formulation of any substantial questions of law involved.