PATRICK JJ. SALDANHA versus ANTONY M. SALDANHA

PATRICK JJ. SALDANHA versus ANTONY M. SALDANHA

In the absence of formulation and hearing on substantial question of law by the High Court, the impugned judgment cannot be maintained and must be set aside.

Source-derived case information.

Parties
Appellant: Patrick JJ. Saldanha; Respondent: Antony M. Saldanha
Jurisdiction
India
Judgment Date
08 May 2007
Procedural Posture
Civil Appeal / Appeal From Final Judgment/order of Karnataka High Court
Outcome
Appeal disposed of; Impugned judgment set aside; Matter remitted to High Court for disposal in accordance with law after formulating substantial question of law, if any.
Legal Topics
Second Appeal, Substantial Question of Law, Section 100 CPC
Civil Procedure Second Appeal Substantial Question of Law Section 100 CPC

Source-derived case record

Summary, issues, holding and outcome

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Parties

Patrick JJ. Saldanha

Appellant

Antony M. Saldanha

Respondent

Procedural Posture

Civil Appeal / Appeal From Final Judgment/order of Karnataka High Court

Legal Issues

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

Ratio Decidendi

In the absence of formulation and hearing on substantial question of law by the High Court, the impugned judgment cannot be maintained and must be set aside.

Court Disposition

Appeal disposed of; Impugned judgment set aside; Matter remitted to High Court for disposal in accordance with law after formulating substantial question of law, if any.

Orders

  • Matter remitted to High Court for disposal after formulating the substantial question of law.
  • No order as to costs.