Case Note & Summary
The case involved an appeal filed against a High Court order dated 19th February, 2006, concerning Second Appeal No.990 of 2004 and Civil Revision Petition No.1108 of 2004. The appellant challenged the High Court's decision to allow the second appeal without framing a substantial question of law, which is a requirement under the Code of Civil Procedure, 1908. The Supreme Court noted that the High Court had not framed any substantial question of law and had also dismissed the civil revision petition without providing reasons. The court emphasized that the High Court must consider whether a substantial question of law arises in the second appeal and, if so, frame it before proceeding with the case. The Supreme Court allowed the appeal, set aside the impugned order, and remitted both cases back to the High Court for proper consideration and disposal on merits. The decision underscored the necessity of adhering to procedural requirements in civil appeals and revisions.
Headnote
A) Civil Procedure - Second Appeal - Requirement of Framing Substantial Question of Law - Code of Civil Procedure, 1908, Section 100 - The High Court failed to frame a substantial question of law before allowing the second appeal, which is a mandatory requirement. The Supreme Court held that the impugned order allowing the second appeal was liable to be set aside for this reason (Paras 1-2). B) Civil Procedure - Civil Revision Petition - Requirement of Assigning Reasons - Code of Civil Procedure, 1908, Section 115 - The High Court dismissed the civil revision petition without assigning any reasons, which is not permissible. The Supreme Court directed that this part of the order also be set aside (Paras 1-2).
Issue of Consideration
Whether the High Court erred in allowing the second appeal without framing a substantial question of law.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order regarding Second Appeal No.990 of 2004 and Civil Revision Petition No.1108 of 2004, and remitted both cases to the High Court for consideration of substantial questions of law and merits.
Law Points
- Second Appeal
- Substantial Question of Law
- Civil Revision Petition
- High Court Obligations
