Supreme Court · 2011 INSC 521 · Decided 28 July 2011
Umerkhan v. Bismillabi @ Babulal Shaikh & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 521 · [2011] 9 S.C.R. 551
- Case number
- CIVIL APPEAL No. 6034/2011
- Decided
- 28 July 2011
- Bench
- AFTAB ALAM, RAJENDRA MAL LODHA (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 - Jurisdiction of the High Court - Held: Second appeal is entertainable by the High Court only upon its satisfaction that c a substantial question of law is involved in the matter and its formulation thereof - However, it is open to the High of law or frame substantial .., question of law afresh or hold that no substantial question of \ law is involved at the time of hearing the second appeal - On D facts, the High Court interfered with the judgment and decree of the first appellate court without formulating the substantial question
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