LAWS(SC)-2009-4-199

V RAMASWAMY Vs. RAMACHANDRAN

Decided On April 17, 2009
V.RAMASWAMY Appellant
V/S
RAMACHANDRAN Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Madras High Court allowing the Second Appeal filed by the respondents under Section 100 of the Code of Civil Procedure, 1908 (in short CPC).

(3.) Though many points have been urged in Suppl ort of the appeal, the primary stand of the learned counsel for the appellants is that the Second Appeal was allowed without framing any substantial question of law as mandated by Section 100, CPC. Learned counsel for the respondent submitted that though the High Courts judgment does not show that any substantial question of law was framed yet learned Single Judge has allowed the appeal after analyzing the factual position in the background of settled principles in law.