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Supreme Court of India · 2019-03-28

Chand Kaur (D) Thro Lrs Heirs . vs Mehar Kaur (D) Thro Her Legal Heirs

Citation / case number
AIRONLINE 2019 SC 291
Court
Supreme Court of India
Petitioner
Chand Kaur (D) Thro Lrs Heirs .
Respondent
Mehar Kaur (D) Thro Her Legal Heirs
Author
Abhay Manohar Sapre
Bench
Dinesh Maheshwari, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the High Court erred in disposing of second appeals without framing substantial questions of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The Court emphasized that framing such questions is a prerequisite for the High Court to exercise jurisdiction in second appeals. Consequently, the Supreme Court allowed the appeals, set aside the impugned order, and restored the second appeals to their original numbers for fresh disposal on merits.

Chand Kaur (D) Thro Lrs Heirs . vs Mehar Kaur (D) Thro Her Legal Heirs · Niyam