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august 2017

Supreme Court of India · 2017-08-23

KANAILAL vs RAM CHANDRA SINGH

Citation / case number
SC 2000/14841
Court
Supreme Court of India
Petitioner
KANAILAL
Respondent
RAM CHANDRA SINGH
Author
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Bench
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE R.K. AGRAWAL

Judgment text excerpt

The Supreme Court held that the High Court's dismissal of the second appeal under Order 41 Rule 11 of the Code of Civil Procedure, 1908 was improper as it failed to provide reasons or address the substantial questions of law raised by the appellants. The Court emphasized the necessity for the High Court to assign reasons for its decisions, as established in Union of India & Ors. Vs. Jai Prakash Singh & Ors., (2007) 10 SCC 712. The appeal was allowed, and the case was remanded to the High Court for a fresh decision on the second appeal, ensuring proper framing of substantial questions of law as required under Section 100 of the Code.

KANAILAL vs RAM CHANDRA SINGH · Niyam