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.