Raghavendra Swamy Mutt Vs Uttaradi Mutt
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Head Note
The Code of Civil Procedure, 1908 - Section 100 , Order XLI Rule (5) , Order XXXIX Rule (3)
Second Appeal - Substantial Question of Law - Stay of execution of decree - High Court cannot admit a second appeal without examining whether it raises any substantial question of law for admission and thereafter, it is obliged to formulate the substantial question of law - Solely because the Court has the jurisdiction to pass an ex parte order, it does not empower it not to formulate the substantial question of law for the purpose of admission, defer the date of admission and pass an order of stay or grant an interim relief - High Court has rectified its mistake by vacating the order passed in IA No. 1/2015 and it is the correct approach adopted by the High Court - Impugned order held to be absolutely impregnable.
Topic(s)-Second Appeal - Substantial Question of Law - Stay of execution of decree