Case Note & Summary
The dispute arose from a service dismissal case involving the State of Punjab and Amarjit Singh. The respondent, Amarjit Singh, filed a suit for declaration against his dismissal from service by the General Manager of Punjab Roadways, claiming it was illegal and violated Article 311(2) of the Constitution of India. The trial Court ruled in favor of the respondent, but the first Appellate Court reversed this decision, leading Amarjit Singh to appeal to the High Court. The High Court restored the trial Court's decree, prompting the State to appeal to the Supreme Court. The Supreme Court found that the High Court had committed a serious procedural error by not formulating a substantial question of law before deciding the second appeal. The Court emphasized that such a question is a prerequisite for the High Court's jurisdiction under the amended Section 100 of the Code of Civil Procedure, 1908. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and remitted the matter for fresh adjudication, urging the High Court to expedite the process due to the long-standing nature of the suit.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Requirement for Jurisdiction - Code of Civil Procedure, 1908, Section 100 - The High Court's failure to formulate a substantial question of law before deciding the second appeal constituted a serious illegality, necessitating the remittance of the matter for fresh adjudication. Held that the existence of a substantial question of law is essential for the exercise of jurisdiction under Section 100 (Paras 2-3).
Issue of Consideration
Whether the High Court erred in reversing the decision of the first Appellate Court without formulating a substantial question of law.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order dated 6th August, 2007, and remitted the matter for fresh adjudication in accordance with law, urging expeditious disposal.
Law Points
- substantial question of law
- second appeal
- jurisdiction
- Civil Procedure Code
- 1908
