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july 2024

Supreme Court of India · 2024-07-26

Nek Pal vs Nagar Palika Parishad

Citation / case number
2024 INSC 574
Court
Supreme Court of India
Petitioner
Nek Pal
Respondent
Nagar Palika Parishad
Author
Abhay S. Oka
Bench
Abhay S. Oka

Judgment text excerpt

The Supreme Court held that the High Court's procedure in hearing Second Appeals under Section 100 of the CPC was illegal due to the absence of formulated substantial questions of law at the time of admission. The Court emphasized that a second appeal can only be heard on substantial questions of law that are previously framed, and the High Court's failure to notify the parties of specific questions before the hearing violated procedural norms. Consequently, the Court set aside the impugned judgment and restored the Second Appeals to the High Court for proper adjudication, keeping all merits open for consideration.

Nek Pal vs Nagar Palika Parishad · Niyam