Supreme Court · 2014 INSC 314 · Decided 23 April 2014

Arsad SK. & ANR. v. Bani Prosanna Kundu & ORS.

Court
Supreme Court of India
Citation
2014 INSC 314 · [2014] 3 S.C.R. 847
Case number
CIVIL APPEAL No. 4805/2014
Decided
23 April 2014
Bench
C.K. PRASAD, PINAKI CHANDRA GHOSE (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 100

Headnote

A B CODE OF CIVIL PROCEDURE, 1908: s.100 - Second appeal - Substantial question of law - Non-framing of C substantial question of law at the time of admission of second appeal but framing thereof after conclusion of the arguments - Correctness of - Held: The general rule regarding an appeal u/s. of High Court is limited to the substantial question of law framed at the time of the admission o of appeal - However, omission of the High Court in \ formulating the 'substantial question of law' (while admitting the appeal) does not preclude the same from being heard, as litigants

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