Supreme Court of India · 2015-10-27
ASHOK RANGNATH MAGAR vs SHRIKANT GOVINDRAO SANGVIKAR AND
- Citation / case number
- SC 2014/23476
- Court
- Supreme Court of India
- Petitioner
- ASHOK RANGNATH MAGAR
- Respondent
- SHRIKANT GOVINDRAO SANGVIKAR AND
- Author
- C. NAGAPPAN M.Y. EQBAL
- Bench
- C. NAGAPPAN M.Y. EQBAL
Judgment text excerpt
The Supreme Court held that the Bombay High Court erred in reversing the trial court's judgment without formulating a substantial question of law as mandated by Section 100 CPC. The Court emphasized that the exercise of jurisdiction under Section 100 requires the identification of a substantial question of law, and failure to do so renders the High Court's judgment patently illegal. Consequently, the Supreme Court remitted the matter back to the High Court for a fresh decision on the second appeal.