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.