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2008 Supreme(Online)(SC) 68

SUPREME COURT
B. N. Agrawal, G. S. Singhvi, JJ.
N. Balakrishnan and Another v. Kailasa Naicker (dead) by Lrs.


Table of Content
1. high court must frame substantial questions. (Para 1 , 2 , 3 , 4 , 5)
2. final decision to restore appeal. (Para 6)

1. Delay condoned.

3. Heard learned counsel appearing on behalf of the appellants.

5. By the impugned order, the High Court, after reappreciating the evidence set aside the judgment and decree passed by the lower appellate court and restored that of the Trial Court without framing any substantial question of law. It is well settled that, in a second appeal filed under S.100 of the Code of Civil Procedure, 1908 , if the High Court is of the opinion that a substantial question of law arises, then such question of law is required to be framed and decided. In this case, the High Court upset the judgment of the lower appellate court without framing any substantial question of law. Therefore, on this ground alone the impugned order is liable to be set aside.

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