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Supreme Court of India 2019-03-28 allowed

CHAND KAUR (D) THRO LRS HEIRS vs MEHAR KAUR (D) THRO HER LEGAL HEIRS

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

In this civil appeal, the Supreme Court addressed whether a High Court can allow a second appeal without framing substantial questions of law under Section 100 of the Code of Civil Procedure, 1908. The High Court had allowed certain second appeals and modified the lower court's judgment without ever framing any substantial questions of law. The Court held that framing substantial questions is a mandatory prerequisite before deciding a second appeal. Since the High Court failed to comply with this requirement, the Court set aside the High Court's order and remanded the second appeals for fresh disposal with proper framing of questions and decision on merits.

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Civil Procedure Appellate Jurisdiction Second Appeal Substantial Question of Law

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