BOKKA SUBBA RAO versus KUKKALA BALAKRISHNA & ORS.

BOKKA SUBBA RAO versus KUKKALA BALAKRISHNA & ORS.

The judgment of the High Court in second appeal was set aside because it did not formulate substantial questions of law as required by Section 100 of the Code of Civil Procedure.

Source-derived case information.

Parties
Appellant: Bokka Subba Rao; Respondent: Kukkala Balakrishna & Ors.
Jurisdiction
India
Judgment Date
12 February 2008
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal partly allowed; High Court judgment set aside; second appeal restored to original file.
Legal Topics
Second Appeal, Code of Civil Procedure Section 100, Substantial Question of Law
Civil Procedure Second Appeal Code of Civil Procedure Section 100 Substantial Question of Law

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bokka Subba Rao

Appellant

Kukkala Balakrishna & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether the High Court erred by deciding the second appeal without formulating substantial questions of law under Section 100 of the Code of Civil Procedure

Ratio Decidendi

The judgment of the High Court in second appeal was set aside because it did not formulate substantial questions of law as required by Section 100 of the Code of Civil Procedure.

Court Disposition

Appeal partly allowed; High Court judgment set aside; second appeal restored to original file.

Orders

  • Judgment of High Court set aside.
  • Second appeal remitted to the High Court for decision after formulating substantial questions of law.