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.