VidhiSangh

Supreme Court of India · 01/09/2017

APPARAJU MALHAR RAO versus TULA VENKATAIAH@ VENKAT RAO (DEAD) & ORS.

[2017] 8 S.C.R. 626 · 2017 INSC 842

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Summary

The Court set aside a High Court judgment allowing a second appeal because no substantial question of law had been formulated. Merely noting counsel’s submission that such a question arose did not satisfy Section 100 CPC. It remanded the second appeal for fresh decision under the principles in Santosh Hazari without deciding the underlying injunction dispute.

Issues

  1. Whether a second appeal could be allowed without identifying and formulating a substantial question of law.

Held

Result

Appeal allowed; High Court judgment set aside and second appeal remanded for fresh decision according to law.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 626.