A.H.JOSHI
SHANKAR SHRIDHARRAO DESHMUKH – Appellant
Versus
VYANKATESH SHANKARRAO DESHMUKH – Respondent
2. Admission of this second appeal is opposed by the learned Advocate for the respondents relying upon recent judgment of Supreme Court reported in AIR 2006 SC 1975. Gurdev Kaur and ors. vs. Kaki and ors.
3. On the contrary, Learned Advocate Mr. Chaudhary has placed reliance on the judgment reported in 2001(2) Mh.L.J. (S.C.) 786, Santosh Hazari vs. Purushottam Tiwari.
4. According to learned Advocate Mr. Chaudhary, three Judges Bench of Hon'ble Supreme Court in Santosh Hazari's case supra, has dealt with and decided all submissions, on the point as to what is exact meaning of 'a substantial question of law' in second appeal under section 100 of Civil Procedure Code.
5. According to Mr. Chaudhary, Their Lordships of the Supreme Court discussed in para 12 of said judgment the case reported in ILR 1952 Madras 264 a judgment of Full Bench of Madras High Court, where Lordships of Madras High Court held as follows :
"12. If the question is settled by the highest Court or the general principles to be applied in determining the question are well settled and there is a mere question of applying those principles or that the plea raised is palpably absurd the question would no
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