Helindas v. Biju
Case brief
What is this about?
The Kerala High Court dismissed a regular second appeal because the appellant failed to formulate any substantial question of law. The court held that admission and maintenance of second appeals under Section 100 of the CPC are barred without such formulation, rendering the appeal infructuous.
What did the court decide?
Second appeal dismissed without admission; all interlocutory applications pending in the appeal stand dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 2ND DAY OF NOVEMBER 2023/11TH KARTHIKA, 1945
RSA NO. 88 OF 2023
AGAINST THE JUDGMENT AND DECREE DATED 31.03.2022 IN AS 62/2016 OF
SUB COURT, NEYYATTINKARA
AGAINST THE JUDGMENT AND DECREE DATED OS 981/2013 OF PRINCIPAL
MUNSIFF COURT, NEYYATTINKARA
APPELLANT/APPELLANT/DEFENDANT:
HELINDAS AGED 67 S/O.MANUVEL NADAR, VADAKKETHYTHOTTAM VEEDU, VAZHUTHOOR DESOM, PERUMPAZHUTHOOR VILLAGE, NEYYATTINKARA P.O., THIRUVANANTHAPURAM-695 126. BY ADV LIJU. M.P
Issues for consideration
3 issues framed by the court
Whether second appeal is maintainable without formulation of substantial question of law under Section 100 of CPC.
Whether the High Court can admit a regular second appeal where no substantial question of law arose or was formulated.
Whether concurrent findings of fact require interference in a second appeal under Section 100 CPC.
Parties & counsel
- appellant
HELINDAS AGED 67
- respondent
BIJU
Coram
A. BADHARUDEEN
Case details
As recorded by the court registry
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