NUNE PRASAD & Ors. v. NUNE RAMAKRISHNA
Case at a glance
Outcome
Disposed of
The appeal stands disposed of in the above terms
Provisions considered
Judgment
Judgment
, [2008] 11 S.C.R. 435 NUNE PRASAD AND ORS. v. NUNE RAMAKRISHNA (Civil Appeal No; 4701 of 2008) JULY 29, 2008 A 8 [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.] Code of Civil Procedure, 1908 - s. 100 - Second ap- peal-:- Substantial question of law - Non-formulation .:. Eff~ct c of - On facts, second appeal allowed by High Court - Order does not show that substantial question of law was formulated or appeal was heard on any question so formulated - Thus, order of High Court set aside - Matters remitted to High Court. The question which aros~ for consideration in this D ~ appeal was whether the High Court was justified in al- lowing the second appeal without framing any substan- tial question~ of law as mandated by s.
100 of the Code of Civil Procedure, 1908. Disposing of the appeal, the Court E HELD: A perusal of the impugned judgment passed by the High Court ·does not show that any substantial question of law has been formulated or that the second appeal was heard on the question, if any, so formulated. F That being so, the judgment cannot be maintained, which is set aside and remitted back to the High Court for pro- c~~ding in the matter in accordance with law and fn terms of observat_ions made herein. [Para 5] [438-D-E] lshwar Dass Jain v. Sohan Lal 2000 (1) SCC 434;_Roop G
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal stands disposed of in the above terms
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 100.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.