Supreme Court of India
Arsad Sk. & Anr. v. Bani Prosanna Kundu & Ors.
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What the Court ordered
We are of the opinion that substantial question of law can be formulated at the initial stage E and in some exceptional cases, at a later point of time, even at the time of argument stage such substantial question of law can be formulated provided the opposite party should be put on notice thereon and should be given a fair or proper opportunity to meet outthe point.
Judgment, page 7
From the headnote
CODE OF CIVIL PROCEDURE, 1908: s.100 - Second appeal - Substantial question of law - Non-framing of substantial question of law at the time of admission of second appeal but framing thereof after conclusion of the arguments - Correctness of - Held: The general rule regarding an appeal u/s. 100 is that the jurisdiction of High Court is limited to the substantial question of law framed at the time of the admission o of appeal - However, omission of the High Court in \ formulating the 'substantial question of law' (while admitting the appeal) does not preclude the same from being heard, as
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