G. Thankamma Amma & Anr. Vs. N. Raghva Kurup & Ors.
EmailAppeal: Civil Appeal No. 2266 of 2000
(Arising out of SLP (c) 8496/99)
Petitioner: G. Thankamma Amma & Anr.
Respondent: N. Raghva Kurup & Ors.
Apeal: Civil Appeal No. 2266 of 2000
(Arising out of SLP (c) 8496/99)
Judges: S. RAJENDRA BABU & S.N. PHUKAN, JJ.
Date of Judgment: Mar 16, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 100 – Second appeal – No formulation of substantial ques-tion of law. Order set aside and remitted back for fresh consideration by framing substantial question of law. (Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal is directed against the order made by the High Court in a Second Appeal. Perusal of the judgment made by the High Court does not disclose that there is any formulation of question of law as contemplated under Section 100 of the Code of Civil Procedure before deciding the matter. The scope of Section 100 C.P.C. has been explained by this Court time and again and it is wholly unnecessary to refer to those decisions. In the circum-stances of the case, we set aside the order made by the High Court and remit the matter to the High Court for fresh consideration after framing an appropriate question of law. The appeal is allowed accordingly. There shall be no order as to costs.
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal is directed against the order made by the High Court in a Second Appeal. Perusal of the judgment made by the High Court does not disclose that there is any formulation of question of law as contemplated under Section 100 of the Code of Civil Procedure before deciding the matter. The scope of Section 100 C.P.C. has been explained by this Court time and again and it is wholly unnecessary to refer to those decisions. In the circum-stances of the case, we set aside the order made by the High Court and remit the matter to the High Court for fresh consideration after framing an appropriate question of law. The appeal is allowed accordingly. There shall be no order as to costs.
