SMT. RAM SAKHI DEVI versus CHHATRA DEVI AND ORS.

A judgment passed by the High Court in second appeal without formulation and hearing on a substantial question of law, as required by Section 100 CPC, cannot be sustained.

Parties: Appellant: Smt. Ram Sakhi Devi; Respondents: Chhatra Devi and Others
Jurisdiction: India
Judgment Date: 12 July 2005
Procedural Posture: Civil Appeal / Appeal From Patna High Court Judgment in S.a.no. 244 of 1988
Outcome: Appeal allowed. Judgment of High Court set aside.
Legal Topics: Second Appeal, Substantial Question of Law, CPC Section 100

Civil Procedure Second Appeal Substantial Question of Law CPC Section 100

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 12 Party arguments 2

Parties

Smt. Ram Sakhi Devi

Appellant

Chhatra Devi and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Patna High Court Judgment in S.a.no. 244 of 1988

Legal Issues

1 Whether a judgment rendered by the High Court in second appeal without framing a substantial question of law as required by Section 100 CPC is sustainable

Ratio Decidendi

A judgment passed by the High Court in second appeal without formulation and hearing on a substantial question of law, as required by Section 100 CPC, cannot be sustained.

Court Disposition

Appeal allowed. Judgment of High Court set aside.

Orders

Matter remitted to the High Court for disposal in accordance with law.
No order as to costs.