Case Name : Ramdas Waydhan Gadlinge (Since Deceased) through LRs Vatsalabi Ramdas Gadlinge & Ors vs Gyanchand Nanuram Kriplani (Dead) through LRs Dhrupadabi & Ors Case Reference: (0000) 0 SCC 00 Case Number: CA 4479/2021 Court: Supreme Court Bench: 02 Coram: Vineet Saran, Dinesh Maheswari Date: 28.07.2021
After admitting the second appeal and having formulated substantial questions of law, the court cannot dispose of the same only by stating its satisfaction on the findings of the First Appellate Court without examining the relevant points arising from the submissions of the parties and whether the First Appellate Court was justified in reversing the findings of the Trial Court.
A second appeal, after its admission with formulation of substantial question of law, cannot be disposed of summarily.
For reasons to be recorded, the court has further power to hear the appeal on any other substantial question of law, if not formulated earlier.
At the time of hearing, the respondent is entitled to argue that the case does not involve the question(s) so formulated.
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See also: CPC - Order XLI rule 11 CPC - Order XLII rule 1 CPC - Order XLII rule 2
PDF: Ramdas Waydhan Gadlinge vs Gyanchand Nanuram Kriplani, CA 4479 (Order - SC).pdf