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Sri Champakeswarar Temple and Others vs Gunabhushnam alias Kullammal and Others

Supreme Court Of India · Decided on 9 July 2002 · Citation: (2002) 10 SCC 86

HON’BLE JUDGES
V. N. Khare, J · Ashok Bhan, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No''s. 3665 of 2002 (Arising out of SLP No''s. 8233 and 8803 of 2001)
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Judgment

3 paragraphs · 138 words

V.N. Khare and; Ashok Bhan, JJ.-Leave granted.

2.

The short question which arises in these appeals is as to whether the High Court without framing a substantial question of law can decide the second appeal on merits. This Court, on a number of occasions, has held that the High Court under Section 100 CPC acquires jurisdiction to decide the appeal on merits only when it frames a substantial question of law. In these cases, we find that the High Court has not framed any substantial question of law. On this short ground, these appeals deserve to be allowed. Consequently, the order under challenge is set aside and the cases are remitted to the High Court to decide the cases in terms of Section 100 CPC.

3.

The appeals are allowed. There shall be no order as to costs.