Supreme Court · 2023 INSC 848 · Decided 11 September 2023

Hemavathi and ORS. v. V. Hombegowda and ANR.

Court
Supreme Court of India
Citation
2023 INSC 848 · [2023] 12 S.C.R. 477
Case number
CIVIL APPEAL No. 5780/2023
Decided
11 September 2023
Bench
B.V. NAGARATHNA, UJJAL BHUYAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 100

Headnote

HEADNOTES Issue for consideration: High Court whether justifi ed in allowing Regular Second Appeal fi led u/s.100, Code of Civil Procedure, 1908 without framing the substantial question of law. Code of Civil Procedure, 1908 - s.100 - Second Appeal - Substantial question of law Impropriety: Held: First appellate court is the fi nal Court insofar as the question of facts are concerned and it is only when substantial questions of law would arise in a case that the High Court can entertain a Regular Second Appeal - If at the stage of admission such substantial

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