Case Note & Summary
The case involved an appeal against a judgment of the Punjab and Haryana High Court concerning a mandatory injunction suit filed by the respondent. The appellant contested the suit, and the trial court initially ruled in favor of the respondent. However, the First Appellate Court reversed this decision, leading to a second appeal by the respondent, which was allowed by the High Court without formulating any substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908. The appellant contended that the second appeal was improperly allowed due to this omission. The Supreme Court analyzed the provisions of Section 100 CPC, emphasizing the necessity for the High Court to formulate a substantial question of law before proceeding with a second appeal. Citing precedents, the Court noted that the jurisdiction of the High Court in second appeals is limited to substantial questions of law and does not extend to pure questions of fact. Consequently, the Supreme Court set aside the High Court's judgment and remitted the case for a rehearing in accordance with the law, ensuring that the necessary legal standards were met. The Court did not impose any costs.
Headnote
A) Civil Procedure - Second Appeal - Formulation of Substantial Question of Law - Code of Civil Procedure, 1908, Section 100 - The High Court failed to formulate a substantial question of law before allowing the second appeal, which is a requirement under Section 100 CPC. The Supreme Court held that the judgment could not be maintained and remitted the matter back to the High Court for proper proceedings (Paras 5-9).
Issue of Consideration
Whether the High Court erred in allowing the second appeal without formulating a substantial question of law.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned order, and remitted the matter to the High Court for rehearing in accordance with the law.
Law Points
- Second Appeal
- Substantial Question of Law
- Mandatory Injunction
- Code of Civil Procedure
- 1908
Case Details
2009 LawText (SC) (03) 81
Civil Appeal Nos. 1694-1695 of 2009
Dr. Arijit Pasayat, Asok Kumar Ganguly
Rameshwar Dayal Mangala @ Ramesh Chand
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Nature of Litigation
Civil appeal concerning a mandatory injunction suit.
Remedy Sought
The appellant sought to challenge the High Court's decision allowing the second appeal.
Filing Reason
The second appeal was filed due to the High Court's failure to formulate a substantial question of law.
Previous Decisions
The trial court initially ruled in favor of the respondent, which was later reversed by the First Appellate Court.
Issues
Whether the High Court erred in allowing the second appeal without formulating a substantial question of law.
Submissions/Arguments
The appellant argued that the second appeal was improperly allowed due to the lack of a substantial question of law.
The respondent contended that the High Court analyzed the evidence and applicable principles of law despite not formulating a question.
Ratio Decidendi
The High Court must formulate a substantial question of law before allowing a second appeal under Section 100 of the Code of Civil Procedure, 1908.
Judgment Excerpts
The provision reads as follows: 'Section 100 - Second Appeal: (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.'
A perusal of the impugned judgment passed by the High Court does not show that any substantial question of law has been formulated.
Procedural History
The respondent filed a suit for mandatory injunction, the trial court ruled in favor of the respondent, the First Appellate Court reversed this decision, and the High Court allowed the second appeal without formulating a substantial question of law.
Acts & Sections
- Code of Civil Procedure, 1908: Section 100
