Case Note & Summary
The case involved an appeal to the Supreme Court against a judgment dated 18.9.2001 from the High Court of Punjab and Haryana. The respondents had filed Regular Second Appeal No. 1053 of 1981, which resulted in the reversal of the decrees from the trial and lower appellate courts, leading to the dismissal of the appellants' suit for declaration. The trial court had initially decreed the suit, declaring the order passed by the Collector for redemption of the mortgage as a nullity. However, the lower appellate court upheld this decree. Upon reaching the High Court, the learned Single Judge reversed the decisions without framing any substantial question of law, which is mandated by Section 100 of the Code of Civil Procedure. The Supreme Court found that the High Court's action was improper and set aside the judgment, remitting the second appeal back to the High Court for consideration of whether a substantial question of law arises. The High Court was instructed to frame such a question if it deemed necessary and to decide the appeal accordingly, ensuring that both parties were given an opportunity to be heard. The judgment was delivered on April 16, 2009.
Headnote
A) Civil Procedure - Second Appeal - Requirement of Framing Substantial Question of Law - Code of Civil Procedure, 1908, Section 100 - The High Court's judgment was set aside as it allowed the second appeal without framing a substantial question of law, which is a prerequisite under Section 100. The Supreme Court directed the High Court to first determine if any substantial question of law arises before proceeding with the appeal (Paras 1-2).
Issue of Consideration
Whether the High Court could allow the second appeal without framing a substantial question of law.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment, and remitted the second appeal to the High Court for consideration of substantial questions of law.
Law Points
- Second appeal
- substantial question of law
- Code of Civil Procedure
- 1908
- Section 100
- reversal of decree
