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Supreme Court of India 2019-01-30 disposed

Sreedevi & Ors vs Sarojam & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

These two appeals challenge a High Court decision that struck down lower court judgments in a property dispute without first formulating a substantial question of law as required by Section 100 of the Code of Civil Procedure. The Supreme Court held that a High Court must formulate and formally identify a substantial question of law before deciding a Second Appeal, and both parties must be heard on it. The Court found that merely declaring lower court findings perverse does not satisfy this mandate. The Court set aside the High Court judgment and remitted the matter, leaving all contentions open for fresh consideration according to law."

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Civil Procedure Second Appeal Appellate Jurisdiction Substantial Question of Law

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