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Supreme Court of India 2019-03-12 allowed

TANUKU TALUK VILLAGE OFFICERS ASSOCIATION vs TANUKU MUNICIPALITY

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

The Supreme Court examined whether the High Court properly decided second appeals under Section 100 of the Code of Civil Procedure. The High Court had framed three substantial questions of law but dismissed the appeals without answering them, instead deciding the case on a different question about maintainability that had never been framed. The Supreme Court held this procedurally invalid: a second appeal must be decided only on the questions framed at admission, and no new questions can be considered without proper procedure. The Court set aside the High Court's order and remanded the matter for fresh hearing and decision on the original three questions of law.

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Civil Procedure Second Appeal Substantial Questions of Law High Court Jurisdiction Procedural Compliance

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