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may 2019

Supreme Court of India · 2019-05-07

Arulmighu Nellukadai Mariamman ... vs Tamilarasi (Dead) By Lrs.

Citation / case number
AIR 2019 SUPREME COURT 3027
Court
Supreme Court of India
Petitioner
Arulmighu Nellukadai Mariamman ...
Respondent
Tamilarasi (Dead) By Lrs.
Author
Abhay Manohar Sapre
Bench
Dinesh Maheshwari, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the High Court erred in allowing the second appeal without framing substantial questions of law as mandated by Section 100(4) of the Code of Civil Procedure, 1908 (CPC). The Court emphasized that the High Court's failure to adhere to the procedural requirements of Section 100(5) CPC invalidated its judgment. Consequently, the Supreme Court set aside the High Court's order and remanded the case for a fresh decision on merits, ensuring compliance with the legal provisions.

Arulmighu Nellukadai Mariamman ... vs Tamilarasi (Dead) By Lrs. · Niyam