NANI AND ANR v. B. UMANANDA NAIK AND ORS

Supreme Court of India · 28 Jul 2008
S.B. SINHA; CYRIAC JOSEPH
CIVIL APPEAL NO. 4744 OF 2008
civil appeal_allowed Procedural

AI Summary

The Supreme Court set aside the High Court's order for failure to frame a substantial question of law under Section 100(4) CPC and remanded the matter for fresh consideration.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4744 OF 2008
[Arising out of SLP(C) No.1382/2007]
NANI AND ANR. ... APPELLANT(S)
:VERSUS:
B. UMANANDA NAIK AND ORS. ... RESPONDENT(S)
Leave granted.
Having heard the learned counsel for the parties, we are of the opinion that as no substantial question of law, as is required in terms of sub-section (4) of Section
100 of the Code of Civil Procedure, has been framed by the High Court, the impugned
ORDER
cannot be sustained. It is set aside accordingly and the matter is remitted to the High Court for consideration thereof afresh.
All the contentions of the parties shall remain open.
The appeal is disposed of accordingly. ..........................J
(S.B. SINHA) ..........................J
(CYRIAC JOSEPH)
NEW DELHI, JULY 28, 2008.