Supreme CourtDivision Bench

G. Thankamma Amma and Another vs N. Raghava Kurup and Others

Supreme Court Of India · Decided on 16 March 2000 · Citation: (2000) 7 JT 326 : (2000) 9 SCC 517

HON’BLE JUDGES
S. Rajendra Babu, J · S. N. Phukan, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 2266 of 2000 (Arising out of SLP (C) No. 8496 of 1999)

AI Structured Summary

Not yet generated for this judgment

Judgment

3 paragraphs · 133 words

S. Rajendra Babu, J.—Leave granted.

2.

Heard learned Counsel for the parties.

3.

This appeal is directed against the order made by the High Court in a Second Appeal. Perusal of the judgment made by the High Court does not disclose that there is any formulation of question of law as contemplated u/s 100 of the CPC before deciding the matter. The scope of Section 100 C.P.C. has been explained by this Court time and again and it is wholly unnecessary to refer to those decisions. In the circumstances of the case, we set aside the order made by the High Court and remit the matter to the High Court for fresh consideration after framing an appropriate question of law. The appeal is allowed accordingly. There shall be no order as to costs.