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september 2017

Supreme Court of India · 2017-09-01

Apparaju Malhar Rao vs Bandi Venkateshwarlu

Court
Supreme Court of India
Petitioner
Apparaju Malhar Rao
Respondent
Bandi Venkateshwarlu
Author
Abhay Manohar Sapre
Bench
Abhay Manohar Sapre, R.K. Agrawal

Judgment text excerpt

The Supreme Court held that the High Court's failure to frame a substantial question of law before allowing a second appeal under Section 100 of the Code of Civil Procedure, 1908 constitutes a legal error. The Court emphasized that such a question must be formulated to exercise jurisdiction in second appeals, as established in Santosh Hazari vs. Purushottam Tiwari (2001) 3 SCC 179. Consequently, the Court remanded the case to the High Court for a fresh decision on the second appeal, ensuring adherence to legal requirements.

Apparaju Malhar Rao vs Bandi Venkateshwarlu · Niyam