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    <title>2005 (8) TMI 740 - Supreme Court</title>
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    <description>In a second appeal under Section 100 CPC, the High Court may interfere only on a formulated substantial question of law, and any additional question must be taken up for recorded reasons. Here, the only framed question concerned a minor change in land description after consolidation, but no substantial question was framed on the first appellate court&#039;s finding that the plaintiffs had failed to prove readiness and willingness. As no reasons were recorded for entering that issue and the factual findings were not specifically shown to be erroneous, the High Court could not set aside the entire decree on an unformulated ground. The High Court&#039;s judgment was therefore set aside.</description>
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    <pubDate>Mon, 01 Aug 2005 00:00:00 +0530</pubDate>
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      <title>2005 (8) TMI 740 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=292257</link>
      <description>In a second appeal under Section 100 CPC, the High Court may interfere only on a formulated substantial question of law, and any additional question must be taken up for recorded reasons. Here, the only framed question concerned a minor change in land description after consolidation, but no substantial question was framed on the first appellate court&#039;s finding that the plaintiffs had failed to prove readiness and willingness. As no reasons were recorded for entering that issue and the factual findings were not specifically shown to be erroneous, the High Court could not set aside the entire decree on an unformulated ground. The High Court&#039;s judgment was therefore set aside.</description>
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      <pubDate>Mon, 01 Aug 2005 00:00:00 +0530</pubDate>
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