Case Note & Summary
The case involved an appeal questioning the validity of an order passed by the High Court of Punjab and Haryana in a second appeal. The High Court dismissed the appeal stating 'No merit' without addressing whether any substantial questions of law arose, which is mandated under Section 100 of the Code of Civil Procedure, 1908. The Supreme Court noted that the High Court's order did not indicate any consideration of substantial questions of law, which is essential for the proper adjudication of a second appeal. The Court emphasized that the appellant must frame substantial questions of law in the memorandum of appeal as required by the law. Consequently, the Supreme Court set aside the impugned order and allowed the appeal, remitting the matter back to the High Court for consideration of the substantial questions of law. The Court requested the High Court to expedite the process due to the age of the suit, directing it to dispose of the second appeal within six months from the receipt of the order.
Headnote
A) Civil Procedure - Second Appeal - Consideration of Substantial Questions of Law - Code of Civil Procedure, 1908, Section 100 - The High Court dismissed the second appeal without considering if substantial questions of law arose, which is a requirement under Section 100. The Supreme Court set aside the order and remitted the matter to the High Court for proper consideration of substantial questions of law and directed it to dispose of the appeal within six months (Paras Not mentioned).
Issue of Consideration
Whether the High Court properly considered substantial questions of law in the second appeal.
Final Decision
The Supreme Court set aside the High Court's order and allowed the appeal, remitting the matter back to the High Court for consideration of substantial questions of law and directed it to dispose of the second appeal within six months.
Law Points
- Substantial questions of law
- second appeal
- Code of Civil Procedure
- 1908
- Section 100
