Supreme Court · 2018 INSC 802 · Decided 11 September 2018
Narayana Gramani & ORS. v. Mariammal & ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 802 · [2018] 9 S.C.R. 430
- Case number
- CIVIL APPEAL No. 5057/2009
- Decided
- 11 September 2018
- Bench
- ABHAY MANOHAR SAPRE, VINEET SARAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100, 100(5)
Headnote
Code of Civil Procedure, 1908: s. 100 - Second appeal - Power of the High Court while deciding the second appeal - Scope and ambit of - On facts, in second appeal, the High Court allowed the defendants' appeal and set aside was decreed by the courts below - On appeal, held: Order passed by the High Court not legally sustainable - High Court admitted the second appeal by framing only one substantial question of law, that whether the first appellate court was justified in dismissing the
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