Supreme Court · 2019 INSC 674 · Decided 10 May 2019
Kirodi (Since Deceased) Through His LR v. Ram Parkash & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 674 · [2019] 7 S.C.R. 968
- Case number
- CIVIL APPEAL No. 4988/2019
- Decided
- 10 May 2019
- Bench
- SANJAY KISHAN KAUL, INDIRA BANERJEE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 97, 100; Constitution Article 254, 372(1)
Headnote
Appeal: Regular second appeal - Maintainability of - Non- framing of question of law - Plea of appellant that the regular second appeal was decided without framing a question of law - In support of the said plea, the appellant relied upon decisions and Haryana High Court - Held: By virtue of s.97 of the Code of Civil Procedure (Amendment) Act, 1976 (Amendment Act), s.100 CPC was amended requiring the second appeal to mandatorily contain a substantial question of law - However, in Punjab and Haryana, a different legal position
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