Supreme Court of India
Chand Kaur (d) Thr. Lrs. v. Mehar Kaur (d) Thr. Lrs.
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What the Court ordered
In view of the foregoing discussion, the appeals succeed and are accordingly allowed.
Judgment, page 4
From the headnote
Code of Civil Procedure, 1908 – s.100 – Second appeals were disposed of by the High Court without framing any substantial question(s) of law – Held: Framing of substantial questions of law in instant appeals was mandatory because the High Court allowed the second appeals and interfered in the judgment of the First Appellate Court, which was impugned in the second appeals – The sine qua non for allowing the second appeal is to first frame the substantial question(s) of law arising in the case and then decide the second appeal by answering the question(s) framed – Thus, case remanded to High…
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