MAHAVIR versus LAKHMI AND ANR.

MAHAVIR versus LAKHMI AND ANR.

The High Court erred by not formulating any substantial question of law before allowing the second appeal, as required by Section 100 CPC. Consequently, the judgment cannot be maintained and the matter is remitted to the High Court to formulate substantial questions of law and then decide the matter.

Parties
Appellant: Mahavir; Respondent: Lakhmi; Respondent: Lakhmi and Anr.
Jurisdiction
India
Judgment Date
22 January 2007
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment in Second Appeal
Outcome
Appeals allowed
Legal Topics
Second Appeal, Substantial Question of Law, High Court Jurisdiction
Civil Procedure Second Appeal Substantial Question of Law High Court Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Mahavir

Appellant

Lakhmi

Respondent

Lakhmi and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment in Second Appeal

Legal Issues

  1. 1 Whether the High Court erred in allowing the second appeal without formulating a substantial question of law as required by Section 100 CPC

Ratio Decidendi

The High Court erred by not formulating any substantial question of law before allowing the second appeal, as required by Section 100 CPC. Consequently, the judgment cannot be maintained and the matter is remitted to the High Court to formulate substantial questions of law and then decide the matter.

Court Disposition

Appeals allowed

Orders

  • The matter is remitted to the High Court, which shall formulate substantial questions of law, if any, and then deal with the matter.
  • No order as to costs.