Supreme Court · 2019 INSC 413 · Decided 28 March 2019
Chand Kaur (D) THR. LRS. v. Mehar Kaur (D) THR. LRS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 413 · [2019] 5 S.C.R. 886
- Case number
- CIVIL APPEAL No. 3276/2019
- Decided
- 28 March 2019
- Bench
- ABHAY MANOHAR SAPRE, DINESH MAHESHWARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
Code of Civil Procedure, 1908 - s.100 - Second appeals were disposed of by the High Court without framing any substantial question(s) of law - Held: Framing of substantial questions of law in instant appeals was mandatory because the High Court allowed and interfered in the judgment of the First Appellate Court, which was impugned in the second appeals - The sine qua non for allowing the second appeal is to first frame the substantial question(s) of law arising in the case and then decide the second appeal by answering the question(s)
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