MUTHU GOUNDER versus AMMAYEE AMMAL

MUTHU GOUNDER versus AMMAYEE AMMAL

Interference by the High Court in second appeal without framing substantial question of law is impermissible and unsustainable; judgment and order set aside.

Parties
Appellant: Muthu Gounder; Respondent: Amma Yee Ammal
Jurisdiction
India
Judgment Date
09 July 2002
Procedural Posture
Civil Appeal / Appeal to Supreme Court Against Madras High Court Second Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Second Appeal, Substantial Question of Law, Code of Civil Procedure Section 100
Civil Procedure Second Appeal Substantial Question of Law Code of Civil Procedure Section 100

Case Brief

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Parties

Muthu Gounder

Appellant

Amma Yee Ammal

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court Against Madras High Court Second Appeal Judgment

Legal Issues

  1. 1 Whether the High Court can decide a second appeal without framing a substantial question of law as required by Section 100 CPC

Ratio Decidendi

Interference by the High Court in second appeal without framing substantial question of law is impermissible and unsustainable; judgment and order set aside.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the Madras High Court set aside
  • Second Appeal No. 1748 of 2000 restored to file of the High Court