V. R. Sivasubramania
Nadar (D) Th. LRS. Vs. Sinnammal (D) Through LRS. & Ors.  INSC 1216
(14 July 2009)
APPELLATE JURISDICTION CIVIL APPEAL NOS.5349-5351 OF 2001 V.R. Sivasubramania
Nadar (Dead) By L.Rs. ...Appellant(s) Versus Sinnammal (Dead)by L.Rs. &
Ors. ...Respondent(s) O R D E R Heard learned counsel for the parties.
impugned order, the High Court has dismissed second appeals without considering
as to whether any substantial question of law arises therein or not, which was necessary
in view of the provisions engrafted under Section 100 of the Code of Civil
Procedure, 1908. As such, the appeals are fit to be allowed.
the appeals are allowed, impugned order is set aside and the matter is remitted
to the High Court. On remand, the High Court will consider as to whether any
substantial question of law arises in second appeals and thereafter decide the
same in accordance with law after giving opportunity of hearing to the parties.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
July 14 2009.