ASHOK RANGNTH NAGAR versus SHRIKANT GOVINDRAO SANGVIKAR

The High Court erred in deciding the second appeal without formulating any substantial question of law, as required by Section 100 CPC. The judgment is unsustainable and must be set aside.

Parties: Appellant: Ashok Rangnth Nagar; Respondent: Shrikant Govindrao Sangvikar
Jurisdiction: India
Judgment Date: 27 October 2015
Procedural Posture: Civil Appeal / Supreme Court Appeal From High Court's Decision in Second Appeal No. 285 of 2013
Outcome: Appeal allowed; impugned High Court judgment set aside; matter remitted to High Court to formulate substantial question of law and decide afresh.
Legal Topics: Appeal, Second Appeal, Section 100 CPC, Jurisdiction of High Court, Formulation of Substantial Question of Law

Civil Procedure Appeal Second Appeal Section 100 CPC Jurisdiction of High Court Formulation of Substantial Question of Law

Case Brief

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Full judgment text Legal principles 2 Authorities cited 16 Party arguments 2 Amounts and remedies 1

Parties

Ashok Rangnth Nagar

Appellant

Shrikant Govindrao Sangvikar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court's Decision in Second Appeal No. 285 of 2013

Legal Issues

1 Whether the High Court was justified in deciding a second appeal without formulating any substantial question of law

Ratio Decidendi

The High Court erred in deciding the second appeal without formulating any substantial question of law, as required by Section 100 CPC. The judgment is unsustainable and must be set aside.

Court Disposition

Appeal allowed; impugned High Court judgment set aside; matter remitted to High Court to formulate substantial question of law and decide afresh.

Orders

High Court judgment set aside.
Matter remitted to High Court to formulate substantial question of law and decide afresh.