KIRODI (SINCE DECEASED) THROUGH HIS LR versus RAM PARKASH & ORS.

KIRODI (SINCE DECEASED) THROUGH HIS LR versus RAM PARKASH & ORS.

Insofar as the State of Punjab is concerned, a second appeal does not require formulation of a substantial question of law since the Punjab Act is applicable, and Section 100 CPC as amended does not have supervening effect.

Parties
Appellant: Kirodi (since deceased) through his LR.; Respondents: Ram Parkash & Ors.
Jurisdiction
India
Judgment Date
10 May 2019
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 30.10.2018 of the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal, RSA No. 1393 of 2012
Outcome
Appeal dismissed.
Legal Topics
Regular Second Appeal, Formulation of Substantial Question of Law, State Amendments Versus Central Legislation, Interpretation of Code of Civil Procedure, Constitutional Savings Clause
Civil Procedure Regular Second Appeal Formulation of Substantial Question of Law State Amendments Versus Central Legislation Interpretation of Code of Civil Procedure Constitutional Savings Clause

Case Brief

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Parties

Kirodi (since deceased) through his LR.

Appellant

Ram Parkash & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 30.10.2018 of the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal, RSA No. 1393 of 2012

Legal Issues

  1. 1 Whether a regular second appeal requires the formulation of a substantial question of law in Punjab and Haryana.
  2. 2 Effect of the Punjab Courts Act, 1918 vis-a-vis Section 100 CPC as amended by the Code of Civil Procedure (Amendment) Act, 1976.

Ratio Decidendi

Insofar as the State of Punjab is concerned, a second appeal does not require formulation of a substantial question of law since the Punjab Act is applicable, and Section 100 CPC as amended does not have supervening effect.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.