Supreme Court judgments on Section 100, Code of Civil Procedure, 1908

28 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under Section 100 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Tharammel Peethambaran and Another vs T. Ushakrishnan and Another

SC · 6 February 2026

[2026] 2 S.C.R. 576 : 2026 INSC 134

The controversy centres around the disputed circumstance, namely, the power of agency given by the plaintiff to the 1st Defendant through Exh.B-2. Whether the documentary evidence in Exh.B-2 satisfies the requirement of…

C.P. Francis vs C.P. Joseph and Others

SC · 3 September 2025

[2025] 9 S.C.R. 645 : 2025 INSC 1071

Whether the High Court, while invoking the Proviso to s.100(5), CPC, was correct in referring to and applying s.67, Indian Succession Act, 1925; whether s.67, Indian Succession Act, 1925 is attracted to determine the suc…

Angadi Chandranna vs Shankar & Ors.

SC · 22 April 2025

[2025] 4 S.C.R. 1417 : 2025 INSC 532

The main dispute in the lis is, whether the suit property was ancestral or self-acquired property of defendant no.1.

R. Nagaraj (Dead) through LRs. and Another vs Rajmani and Others

SC · 9 April 2025

[2025] 4 S.C.R. 734 : 2025 INSC 478

Whether the High Court was justified in remanding the matter to the trial Court for a fresh trial on the issue of limitation, despite the existence of concurrent findings, when section 100 of the Code of Civil Procedure,…

Vipin Kumar vs Jaydeep & Others

SC · 21 January 2025

[2025] 1 S.C.R. 1659 : 2025 INSC 169

Whether there has been a miscarriage of justice as the second appeal was allowed ex parte without hearing the appellant and without framing any substantial questions of law.

U. Sudheera & Others vs C. Yashoda & Others

SC · 17 January 2025

[2025] 2 S.C.R. 92 : 2025 INSC 80

Whether the High Court can pass any ad interim order for a limited period, before framing substantial question(s) of law, while dealing with a second appeal filed under Order XLI r/w Section 100 CPC.

Jaichand (Dead) Through Lrs. & Ors. vs Sahnulal & Anr.

SC · 10 December 2024

[2024] 12 S.C.R. 719 : 2024 INSC 996

Issue arose as regards the sustainability of the order passed by the High Court in second appeal u/s.100 CPC.

Nek Pal & Ors. vs Nagar Palika Parishad & Ors.

SC · 26 July 2024

[2024] 7 S.C.R. 1040 : 2024 INSC 574

Whether substantial questions of law are required to be formulated at the time of admission of a second appeal under Section 100 of the Code of Civil Procedure, 1908, or at any time subsequent thereto.

Lehna Singh (D) By Lrs. vs Gurnam Singh (D) By Lrs. & Ors.

SC · 16 May 2024

[2024] 6 S.C.R. 390 : 2024 INSC 429

Issue arose whether the questions of law are not required to be framed in second appeal before Punjab and Haryana High Court whose jurisdiction in second appeal is circumscribed by provision of s.41 of the Punjab Act.

Hemavathi and Ors. vs V. Hombegowda and Anr.

SC · 11 September 2023

[2023] 12 S.C.R. 477 : 2023 INSC 848

High Court whether justified in allowing Regular Second Appeal filed u/s.100, Code of Civil Procedure, 1908 without framing the substantial question of law.

Government of Kerala & Anr. vs Joseph and Others

SC · 9 August 2023

[2023] 11 S.C.R. 264 : 2023 INSC 693

Whether the impugned judgment, arising out of Second Appeal meets the established criteria for Second Appeal; and whether the respondents are entitled to the relief of adverse possession or is the claim so made, barred b…

Hasmat Ali vs Amina Bibi & Ors.

SC · 29 November 2021

[2021] 11 S.C.R. 42 : 2021 INSC 800

Code of Civil Procedure, 1908 – s.100 and Or.XLII, rr.1to 3 – A suit was filed to seek a declaration that the defendant was a tenant of the plaintiff till 31.03.2003, eviction of the defendant from the suit scheduled pro…

Avtar Singh & Ors. vs Bimla Devi & Ors.

SC · 29 September 2021

[2021] 6 S.C.R. 239 : 2021 INSC 569

Code of Civil Procedure, 1908 – s.100 – Punjab Courts Act, 1918 – Suit filed by respondents / plaintiffs alleging that defendant Nos. 2 to 4 broke the lintel portion of the roof (of the first floor of the building) illeg…

Narayan Sitaramji Badwaik (Dead) through Lrs. vs Bisaram and Others

SC · 17 February 2021

[2021] 1 S.C.R. 701 : 2021 INSC 94

Code of Civil Procedure, 1908 – s. 100 and s.103 – Second Appeal – Appellant had filed suit for possession of the property in dispute on the basis of a sale deed dated 26.09.1978 – Respondent contended that no such sale…

Malluru Mallappa (D) Thr. Lrs. vs Kuruvathappa & Ors.

SC · 12 February 2020

[2020] 2 S.C.R. 789 : 2020 INSC 173

Code of Civil Procedure, 1908 – ss.96, 100 and Or.XLI, r.31 – Appellant-plaintiff filed suit against respondents-defendants for specific performance of agreement to sell – Defendant no.1 pleaded that the suit was barred…

Sudam Kisan Gavane (D) Thr. Lrs. & Ors. vs Manik Ananta Shikketod (D) by Lrs. & Ors.

SC · 29 August 2019

[2019] 12 S.C.R. 70 : 2019 INSC 977

Code of Civil Procedure, 1908: s.100 – Non-framing of substantial questions of law at the time of dictation of the judgment – Held: This procedure is not fair to the parties – The parties must know what are the substanti…

State of Rajasthan & Ors. vs Shiv Dayal & Anr.

SC · 14 August 2019

[2019] 10 S.C.R. 243 : 2019 INSC 900

Code of Civil Procedure, 1908: s.100 – Substantial questions of law – Suit by respondent no.1 against the appellant-State and its authorities seeking grant of permanent injunction against the State and its authorities fr…

Arulmighu Nellukadai Mariamman Tirukkoil vs Tamilarasi (Dead) by Lrs.

SC · 7 May 2019

[2019] 7 S.C.R. 361 : 2019 INSC 642

Code of Civil Procedure, 1908 – s. 100 – Second appeal – Appellant-Plaintiff filed a civil suit against the original respondentdefendant for her eviction from the suit property – Trial court decreed the suit – First appe…

Thulasidhara & Another vs Narayanappa & Others

SC · 1 May 2019

[2019] 8 S.C.R. 212 : 2019 INSC 603

Code of Civil Procedure, 1908: s.100 – Exercise of power under, scope – Suit for title and permanent injunction based on sale deed – Claim of defendants that suit property fell into share of husband of defendant no.1 and…

Chand Kaur (D) Thr. Lrs. vs Mehar Kaur (D) Thr. Lrs.

SC · 28 March 2019

[2019] 5 S.C.R. 886 : 2019 INSC 413

Code of Civil Procedure, 1908 – s.100 – Second appeals were disposed of by the High Court without framing any substantial question(s) of law – Held: Framing of substantial questions of law in instant appeals was mandator…

Tanuku Taluk Village Officers’ Association vs Tanuku Municipality & Ors. etc.

SC · 12 March 2019

[2019] 4 S.C.R. 1063 : 2019 INSC 349

Code of Civil Procedure, 1908 – s.100 – Two civil suits filed by the appellant against the respondents in relation to the land in question – Suits decreed vide order dated 14.08.1996 – Appellant also filed suit before th…

Shri Rajendra Lalitkumar Agrawal vs Smt. Ratna Ashok Muranjan & Anr.

SC · 31 January 2019

[2019] 1 S.C.R. 815 : 2019 INSC 121

Code of Civil Procedure, 1908 – s. 100(4), (5) – Second appeal – Substantial question of law – On facts, suit for specific performance of contract on basis of an agreement – Decreed by the trial court, however, set aside…

State of Rajasthan & Ors. vs Gram Vikas Samiti, Shivdaspura

SC · 7 January 2019

[2019] 1 S.C.R. 59 : 2019 INSC 17

Code of Civil Procedure, 1908 – s.100 – Substantial question of law – Suit filed by respondent-society against the State and its authorities seeking permanent injunction against appellants restraining them from interferi…

Narayana Gramani & Ors. vs Mariammal & Ors.

SC · 11 September 2018

[2018] 9 S.C.R. 430 : 2018 INSC 802

Code of Civil Procedure, 1908: s. 100 – Second appeal – Power of the High Court while deciding the second appeal – Scope and ambit of – On facts, in second appeal, the High Court allowed the defendants’ appeal and set as…

Vijay Arjun Bhagat & Ors. vs Nana Laxman Tapkire & Ors.

SC · 11 May 2018

[2018] 4 S.C.R. 452 : 2018 INSC 491

Code of Civil Procedure, 1908 – s.100 – Substantial question of law – High Court instead of deciding the second appeal on the six substantial questions of law which were framed at the time of admission, allowed the appea…

Uma Pandey & Anr. vs Munna Pandey & Ors.

SC · 9 April 2018

[2018] 3 S.C.R. 1056 : 2018 INSC 314

Code of Civil Procedure, 1908 – s.100 – Second appeal involving substantial question of law, dismissed in limine – Propriety of – Appellants-plaintiffs filed suit against respondents-defendants for partition and separate…

Surat Singh (Dead) vs Siri Bhagwan & Ors.

SC · 19 February 2018

[2018] 1 S.C.R. 1063 : 2018 INSC 170

Code of Civil Procedure, 1908 : s. 100 – Second appeal – Substantial question of law – On facts, the High Court allowed the second appeal, after hearing the appellant of second appeal only and not hearing the contesting…

Ramji Singh Patel vs Gyan Chandra Jaiswal

SC · 11 January 2018

[2018] 1 S.C.R. 688 : 2018 INSC 23

Code of Civil Procedure, 1908 – s.100 – Second appeal – Respondent ran the business of flour mill (Atta Chakki) etc., since 1990, which initially operated on electricity, from his residential accommodation – Appellant, i…

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