V. RAMASWAMY v. RAMACHANDRAN & Anr.
Case at a glance
Outcome
Disposed of
The appeal stands disposed of in the above terms
Provisions considered
Judgment
Judgment
.. • .. A B [2009] 6 S.C.R. 520 - V. RAMASWAMY v. RAMACHANDRAN & ANR. (Civil Appeal No. 2634 of 2009) APRIL 17, 2009 [DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY, JJ.] Code of Civil Procedure, 1908 - Section 100 - Second c appeal - Disposal of, by High Court without formulating substantial question of law - Justification of - Held: High Court is to formulate a substantial question of law and hear the appeal on the question formulated - In absence of the same, judgment cannot be maintained - Matter remitted back to D High Court. The question which arose for consideration in this appeal, was whether the High Court was justified in disposing of the second appeal without formulating the substantial question of law, as mandated by section E 100 CPC. Disposing of the appeal, the Court HELD: A perusal of the impugned judgment passed by 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 and as such the judgment cannot be maintained and is set aside. Matter is remitted to High Court to decide after formulating substantial question of law, if any. [Para 6] [523-A-C] F 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.