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Head Note

The Code of Civil Procedure, 1908  - Section 100 (4)

Framing of substantial question of law at alter stage and decide the matter with out giving an opportunity to other side to hear - Judgement of High court set aside - Apex court held that we are of the opinion that substantial question of law can be formulated at the initial stage 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 out the point - Furthermore, the judgment of the High Court should only be set aside on the ground of non-compliance with sub-section (4) of Section 100 of CPC, if some prejudice has been caused to the appellants before us by not formulating such a substantial question of law.

Topic(s)-Framing of substantial question of law at alter stage

Important Decision(s)- Substantial question of law can be formulated at the initial stage 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 out the point.