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(2004) 2 MLJ 280 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : M. Karpagavinayagam, J.
Case Number(s) : S.A.No.1715 of 2003 and C.M.P.No.15658 of 2003
Judgement Date :
Friday 13th of February 2004
| BishopDiocesan Office, Kanyakumari Diocese, C.S.I., Nagercoil, Kanyakumari District | .....Appellant(s) | | Versus | | | A. Johnson and others | .....Respondent(s) |
Civil Procedure Code (V of 1908), O. 8, Rule 2, Sec.100 — Written statement — Second appeal — Substantial question of law — Defendant not raising specific plea in written statement — Second appeal raising question of law in the absence of proper pleas before trial Courts — Whether substantial question of law may be framed — There is no basis to frame a question of law as substantial — Question of law can be raised for the first time in appeal — When facts and materials are available on record — Defendant should have placed facts and materials before trial Court.
Cases Referred
Rajendra Pratap Singh v. Rameshwar Prasad [1999] 1 C.T.C. 87 : [1999] 1 M.L.J. 51 (S.C.)
Arul Jothi and Company v. Sri Shanmugha Trading Company [1998] 1 C.T.C. 432
V. V. Textiles v. Mahavir Fabrics [2001] 4 C.T.C. 409 : [2001] 3 M.L.J. 295
Visalakshi Achi, RM. AL. (Died) v. RM. Seenivasan [1999] 3 C.T.C. 57
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