Sivanmalai Subramaniaswamy Devasthanam vs S. Muthusamy Gounder (D) 2025 INSC 1407 - CPC- Second Appeal
Code of Civil Procedure 1908 - Section 100 - Second Appeal - Allowing an appeal, Supreme Court observed: We find that the High Court was not right in raising the aforesaid substantial questions of law besides under the provisions of the Act. They were not on the basis of what would have emerged on a reading of the judgment of the Trial Court which was upheld by the First Appellate Court. In the circumstances, we find that the High Court was not right in raising the aforesaid substantial questions of law - Case remanded to High Court. (Para 10)
Case Info
Key Details
- Case Name: Sivanmalai Subramaniaswamy Devasthanam Rep. by its Executive Officer vs S. Muthusamy Gounder (Dead) by LRs. & Ors.
- Neutral Citation: 2025 INSC 1407
- Coram: Justice B.V. Nagarathna; Justice R. Mahadevan
- Judgment Date: 26-11-2025 (New Delhi)
Caselaws and Citations
- Second Appeal No. 732/1996 (Madras High Court) referenced and restored.
- Civil Appeal No. 1926/2010 (present Supreme Court matter).
Statutes / Laws Referred
- Code of Civil Procedure, 1908: Section 100 (Second Appeals; substantial question of law).
- Tamil Nadu Inam (Abolition and Conversion into Ryotwari) Act, 1963 (also referred to as Minor Inams Abolition Act, 1963), including Sections 8(1), 8(2) and reference to Section 43 (res judicata under the Act).
