Case Note & Summary
The case involved an appeal by Birendera Kumar Dubey and another against Girja Nandan Dubey and others, concerning a judgment and decree from the High Court of Patna. The Supreme Court noted that the High Court had set aside the judgment of the first Appellate Court and restored that of the Trial Court without framing any substantial question of law, which is a prerequisite for entertaining a Second Appeal under the Code of Civil Procedure, 1908. The Supreme Court referred to several precedents that established the necessity of framing such questions before proceeding with appeals. Consequently, the Supreme Court set aside the High Court's judgment and remanded the case for fresh disposal, instructing the High Court to determine if any substantial question of law arose from the first Appellate Court's judgment and to proceed accordingly. The appeal was allowed without any order as to costs.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Code of Civil Procedure, 1908, Sections 100, 101 - High Court must frame a substantial question of law to entertain a Second Appeal. The High Court failed to do so and decided the appeal on factual grounds, necessitating remand for fresh consideration. Held that the case is to be restored to the High Court for proper disposal (Paras Not mentioned).
Issue of Consideration
Whether the High Court erred in not framing a substantial question of law before disposing of the Second Appeal.
Final Decision
The Supreme Court set aside the High Court's judgment and remanded the case for fresh disposal, instructing the High Court to determine if any substantial question of law arose from the first Appellate Court's judgment.
Law Points
- Second Appeal
- substantial question of law
- High Court jurisdiction
- Code of Civil Procedure
- 1908
