Supreme Court · 2008 INSC 1463 · Decided 17 December 2008
U.R. Virupakshaiah v. Sarvamma & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1463 · [2008] 17 S.C.R. 877
- Case number
- CIVIL APPEAL No. 7346/2008
- Decided
- 17 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
CODE OF CIVIL PROCEDURE, 1908: s. 100 - Second appeal - High Court formulating c additional substantial question of law while dictating judgment in open court - Propriety of - Held: Before such a substantial question of law could be formulated, parties should have been put to notice and given an not at all deal with the substantial questions D of law formulated at the time of admission of the second appeal - Judgment of High Court set aside and matter remitted to it for consideration afresh - Hindu Law - Existence of joint family - Presumption. In the instant appeal, filed by the
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