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2007 Supreme(SC) 84

S.H.KAPADIA, ARIJIT PASAYAT
Mahavir – Appellant
Versus
Lakhmi – Respondent


JUDGMENT

Dr. Arijit Pasayat, J.—Heard learned counsel for the parties.

2. Leave granted.

3. These appeals are directed against the judgment passed by learned Single Judge of Punjab and Haryana High Court allowing the Second Appeal filed by the defendant and rejecting the application for review.

4. The plaintiff has filed the present appeals against the aforesaid orders.

5. Though several points were urged in support of the appeals, main ground was that the Second appeal was allowed without formulating a question of law.

6. In view of Section 100 of the Code of Civil Procedure, 1908 (in short the ‘Code’) the memorandum of appeal shall precisely state substantial question or questions of law involved in the appeal as required under sub-section (3) of Section 100. Where the High Court is satisfied that in any case any substantial question of law is involved it shall formulate that question under sub-section (4) and the second appeal has to be heard on the question so formulated as stated in sub-section (5) of Section 100.

7. Section 100 of the Code deals with “Second Appeal”. The provision reads as follows:

“Section 100–(1) Save as otherwise expressly provided in the body of this Code or by














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