V.RAMASWAMY versus RAMACHANDRAN & ANR

V.RAMASWAMY versus RAMACHANDRAN & ANR

In the absence of formulation of a substantial question of law by the High Court as required under Section 100 CPC, the judgment cannot be maintained and is set aside. The matter is remitted to the High Court to decide after formulating a substantial question of law, if any.

Parties
Appellant: V. Ramaswamy; Respondent: Ramachandran; Respondent: Another (unnamed) respondent
Jurisdiction
India
Judgment Date
17 April 2009
Procedural Posture
Civil Appeal / Appeal From Judgment & Order Dated 10.1.2006 of the High Court of Judicature at Madras in Second Appeal No. 321 of 1995
Outcome
Set aside and remitted
Legal Topics
Second Appeal, Substantial Question of Law
Civil Procedure Second Appeal Substantial Question of Law

Case Brief

Summary, issues, holding and outcome

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Parties

V. Ramaswamy

Appellant

Ramachandran

Respondent

Another (unnamed) respondent

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment & Order Dated 10.1.2006 of the High Court of Judicature at Madras in Second Appeal No. 321 of 1995

Legal Issues

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

Ratio Decidendi

In the absence of formulation of a substantial question of law by the High Court as required under Section 100 CPC, the judgment cannot be maintained and is set aside. The matter is remitted to the High Court to decide after formulating a substantial question of law, if any.

Court Disposition

Set aside and remitted

Orders

  • Judgment of the High Court set aside; case remitted to the High Court to decide after formulating substantial question of law, if any.
  • No order as to costs.