Supreme Court · 2001 INSC 415 · Decided 31 August 2001
Birendera Kumar Dubey and ANR. v. Girja Nandan Dubey and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 415 · [2001] SUPP. 2 S.C.R. 473
- Case number
- CIVIL APPEAL No. 6060/2001
- Decided
- 31 August 2001
- Bench
- S.S.M. QUADRI, S.N. PHUKAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Code of Civil Procedure, 1908 : Ss. JOO and JOI-Second appeal-High Court deciding second appeal on facts without framing substantial question of law, and setting aside judgment C and decree of first appellate court-Held, High Court can entertain second appeal only when a substantial question of restored to file of High Court-High Court would consider whether any substantial question of law arises from judgment and decree of first appellate court and, if so, to frame the question D and dispose of that question. Panchugopal Barua and Ors. v. Umesh Chandra Goswami and Ors., [1997] 4 SCC
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