Supreme Court · 1997 INSC 487 · Decided 7 May 1997
Kshitish Chandra Purkait v. Santosh Kumar Purkait
- Court
- Supreme Court of India
- Citation
- 1997 INSC 487 · [1997] SUPP. 1 S.C.R. 201
- Case number
- CIVIL APPEAL No. 4069/1986
- Decided
- 7 May 1997
- Bench
- A.S. ANAND, S.P. BHARUCHA, K.S. PARIPOORNAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100(5), 100
Headnote
Code of Civil Procedure, 1908: Section 100(5). A B Second appeal-Substantial question of law-New legal plea C raised-Such a specific plea was neither taken in the courts below nor any precise issues framed in that behalf-High Court entertained the new plea and decided the case without following that the case involves a "substantial question of law"' and not a mere "question of law''-Reason for pennitting the substan- tial question of law to be raised should be "recorded''-Jt is the duty cast upon D the High Court to fonnulate the substantial question of
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