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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