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1 - 10 of 22 (2.12 seconds)Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Banarsi And Ors vs Ram Phal on 17 February, 2003
"30. By applying the ratio in Banarsi [Banarsi v. Ram Phal,
(2003) 9 SCC 606], we notice that the impugned
judgment [Dharmrao v. Arifa Parveen, 2022 SCC OnLine
Kar 1671] has not considered whether a ground is made
out for modifying a decree or not. The High Court has
disturbed a finding of fact, leading to modifying the
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2026:HHC:19291
decree of the trial court in OS No. 212 of 2013 without
there being an appeal/cross-appeal. To this extent, the
findings of the High Court are not tenable in the facts and
circumstances of this case. The other reasons assigned by
.
Kondiba Dagadu Kadam vs Savitkibai Sopan Gujar An Dors on 16 April, 1999
of
7.4. Even otherwise, it is required to be noted that as per a
catena of the decisions of this Court and even as provided
under Section 100 CPC, the second appeal would be
maintainable only on a substantial question of law. The
rt
second appeal does not lie on a question of fact or of law.
The existence of "a substantial question of law" is a sine
qua non for the exercise of the jurisdiction under Section
100 CPC. As observed and held by this Court in Kondiba
Dagadu Kadam [Kondiba Dagadu Kadam v. Savitribai
Sopan Gujar, (1999) 3 SCC 722], in a second appeal under
Section 100 CPC, the High Court cannot substitute its own
opinion for that of the first appellate court, unless it finds
that the conclusions drawn by the lower court were
erroneous, being:
The Himachal Pradesh Tenancy and Land Reforms Act, 1972
Choudhary Sahu (Dead) By Lrs vs State Of Bihar on 14 December, 1981
15. Order 41 Rule 22 of the CPC enables the respondent to
support the decree, but if he wants to challenge any part of the
decree, he has to file cross-objections. It was held in Choudhary
Sahu v. State of Bihar, (1982) 1 SCC 232: 1981 SCC OnLine SC 445
that the respondent can support a decree, but he cannot
challenge the decree. It was observed at page 235: -
Nazir Mohamed vs J.Kamala And Ors. on 27 August, 2020
25. This position was reiterated in Nazir Mohamed v. J.
S. Subramanian vs S. Ramasamy And Ors on 1 May, 2019
26. A similar view was taken in S. Subramanian v. S.
Ramasamy, (2019) 6 SCC 46: (2019) 3 SCC (Civ) 83: 2019 SCC
OnLine SC 640, wherein it was observed at page 54: -
P. Kishore Kumar vs Vittal K Patkar on 11 October, 2023
27. A similar view was taken in P. Kishore Kumar v. Vittal
K. Patkar, (2024) 13 SCC 553: 2023 SCC OnLine SC 1483, wherein it
was observed at page 567: -