CHADAT SINGH versus BAHADUR RAMA AND ORS.

CHADAT SINGH versus BAHADUR RAMA AND ORS.

The High Court's judgment is not sustainable as it failed to formulate the substantial question of law as required by Section 100 CPC. Matter remitted to High Court for disposal in accordance with law.

Source-derived case information.

Parties
Appellant: Chadat Singh; Respondent: Bahadur Rama; Appellant's Advocate: Rakesh Dahiya; Appellant's Advocate: Ms. Madhusmita Bora; Appellant's Advocate: Nikhil Jain
Jurisdiction
India
Judgment Date
03 August 2004
Procedural Posture
Civil Appeal / Appeals From Orders of Punjab and Haryana High Court Disposed of
Outcome
Appeals allowed. Judgment of High Court set aside.
Legal Topics
Second Appeals, Section 100 CPC, Substantial Question of Law
Civil Procedure Second Appeals Section 100 CPC Substantial Question of Law

Source-derived case record

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Parties

Chadat Singh

Appellant

Bahadur Rama

Respondent

Rakesh Dahiya

Appellant's Advocate

Ms. Madhusmita Bora

Appellant's Advocate

Nikhil Jain

Appellant's Advocate

Procedural Posture

Civil Appeal / Appeals From Orders of Punjab and Haryana High Court Disposed of

Legal Issues

  1. 1 Whether the High Court was justified in disposing of the second appeal without formulating substantial question of law as mandated by Section 100 CPC

Ratio Decidendi

The High Court's judgment is not sustainable as it failed to formulate the substantial question of law as required by Section 100 CPC. Matter remitted to High Court for disposal in accordance with law.

Court Disposition

Appeals allowed. Judgment of High Court set aside.

Orders

  • Matter remitted to High Court for disposal in accordance with law.
  • No order as to costs.