Case Note & Summary
The case involved an appeal against a judgment and order passed by the High Court of Jammu and Kashmir, which set aside the concurrent findings of fact from lower courts. The appellant, represented by senior counsel Mr. S.B. Sanyal, contended that the High Court improperly interfered with these findings without formulating a substantial question of law, as required under Section 100 of the Code of Civil Procedure, 1908. The Supreme Court referenced its previous decision in Gurdev Kaur and Ors. vs. Kaki and Ors., highlighting that the 1976 amendment to Section 100 CPC limited the High Court's jurisdiction to cases where substantial questions of law were clearly formulated. The Court noted that the High Court must first determine if such a question exists before proceeding with the appeal. Consequently, the Supreme Court set aside the High Court's judgment and remitted the case back for proper evaluation. The Court also directed the respondent to pay costs of Rs.10,000 to the appellant.
Headnote
A) Civil Procedure - Second Appeal - Interference with Concurrent Findings - Code of Civil Procedure, 1908, Section 100 - The High Court's interference with concurrent findings of fact was improper as it failed to formulate a substantial question of law before proceeding. The Supreme Court emphasized the necessity of identifying and articulating substantial questions of law in second appeals, as mandated by the 1976 amendment to Section 100 CPC. Held that the case was remitted to the High Court for proper evaluation of substantial questions of law (Paras 2-3).
Issue of Consideration
Whether the High Court was justified in interfering with the concurrent findings of fact without formulating a substantial question of law.
Final Decision
The Supreme Court set aside the High Court's judgment and remitted the case for evaluation of substantial questions of law, directing the respondent to pay costs of Rs.10,000 to the appellant.
Law Points
- Second appeal
- substantial question of law
- interference with findings of fact
- duty of High Court
