KASHMIR SINGH versus HARNAM SINGH & ANR.

The High Court's judgment is unsustainable because it failed to formulate a substantial question of law required under Section 100 CPC; therefore, the matter must be remitted for determination after proper formulation.

Parties: Appellant: Kashmir Singh; Respondent: Harnam Singh; Respondent: Another Respondent
Jurisdiction: India
Judgment Date: 03 March 2008
Procedural Posture: Civil Appeal / Appeal Against High Court Decision Remitted for Fresh Consideration
Outcome: Appeal partly allowed; matter remitted for fresh consideration
Legal Topics: Second Appeal, Section 100 CPC, Substantial Question of Law

Civil Procedure Second Appeal Section 100 CPC Substantial Question of Law

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2

Parties

Kashmir Singh

Appellant

Harnam Singh

Respondent

Another Respondent

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Decision Remitted for Fresh Consideration

Legal Issues

1 Whether the High Court was correct in allowing the second appeal without formulating a substantial question of law as required under Section 100 of the Code of Civil Procedure

Ratio Decidendi

Court Disposition

Appeal partly allowed; matter remitted for fresh consideration

Orders

Impugned judgment of the High Court set aside
Second Appeal to be maintained only after formulation of substantial question of law