In Brief
This case involved a second appeal challenging the decision of a lower court without the formulation of a substantial question of law. The Supreme Court held that where the Code of Civil Procedure (Amendment) Act, 1976 applies to a state, the requirement under Section 100 of the original Code does not hold. The Court clarified that a Constitution Bench judgment on the matter prevails over earlier bench decisions that had reached contrary conclusions. Since the Constitution Bench judgment in Pankajakshi had not been brought to the notice of those earlier benches, the appeal was dismissed.
The lawyer headnote and full judgment text are available to registered users.