Case Note & Summary
The case involved an appeal to the Supreme Court against a judgment delivered by the High Court of Punjab and Haryana. The appellant, Kundan Singh (dead) and another, challenged the High Court's decision made on 26.05.2004 in Regular Second Appeal No.3137 of 1986. The primary grievance was that the High Court allowed the Second Appeal without formulating a substantial question of law, which is mandated by Section 100 of the Code of Civil Procedure, 1908. The appellant's counsel cited previous judgments emphasizing that the formulation of a substantial question of law is essential for the High Court to entertain a Second Appeal. The Supreme Court, upon reviewing the matter, found merit in the appellant's contention and determined that the High Court had acted beyond its jurisdiction by not adhering to this requirement. Consequently, the Supreme Court set aside the impugned judgment and remitted the case back to the High Court for expeditious resolution in accordance with the law. The appeal was disposed of without costs.
Headnote
A) Civil Procedure - Second Appeal - Requirement of Substantial Question of Law - Code of Civil Procedure, 1908, Section 100 - The High Court allowed the Second Appeal without formulating a substantial question of law, which is a prerequisite under Section 100. The Supreme Court held that the High Court's action was unjustified and remitted the case for proper consideration in accordance with law. (Paras 1-2).
Issue of Consideration
Whether the High Court erred in allowing the Second Appeal without formulating a substantial question of law.
Final Decision
The Supreme Court set aside the High Court's judgment and remitted the case for expeditious decision in accordance with law.
Law Points
- Substantial question of law
- Second appeal
- Code of Civil Procedure
- 1908
