Manicka Poosali (Dead) by LRs. and Ors. Vs. Anjalai Ammal and Anr (AIR2005SC1777)

  "The High Court could not go into the questions which had not been raised by the respondents either in their pleadings or in the evidence or in the memorandum of grounds of second appeal. Jurisdiction of the High Court under Section 100 CPC is limited to a substantial question of law framed at the time of admission of the appeal or at a subsequent stage if the High Court is satisfied that such a question of law arises from the facts found by the courts below. The High Court could not go into the question regarding the due execution and the validity of the settlement deed or the genuineness of the will which had not been challenged by the respondents either in their pleadings or in their evidence or in the memorandum of grounds of second appeal."