Case Note & Summary
The dispute arose from a civil suit where the appellant sought a declaration of ownership over a property, claiming extinguishment of the defendants' rights. The suit was initially decreed in favor of the appellant by the Civil Judge, but the First Appellate Court upheld this decision. The respondents then filed a second appeal in the Punjab and Haryana High Court, which was allowed, dismissing the suit without formulating any substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908. The appellant challenged this decision, arguing that the High Court's failure to formulate a substantial question of law constituted a legal error. The respondents contended that the High Court had sufficient grounds to dismiss the appeal based on the merits of the case. The Supreme Court analyzed the requirements of Section 100 CPC, reiterating that the High Court's jurisdiction in second appeals is confined to substantial questions of law and that it is mandatory to formulate such questions before reversing lower court judgments. The Court referenced several precedents to support its position and ultimately set aside the High Court's judgment, remitting the matter for proper consideration in accordance with law, with no order as to costs.
Headnote
A) Civil Procedure - Second Appeal - Requirement of Formulating Substantial Question of Law - Code of Civil Procedure, 1908, Section 100 - High Court's failure to formulate a substantial question of law before allowing the second appeal rendered the judgment unsustainable. The court emphasized that the High Court must formulate a substantial question of law as a prerequisite for reversing the first appellate court's decision. Held that the matter was to be remitted to the High Court for proper disposal (Paras 7-14).
Issue of Consideration
Whether the High Court erred in allowing the second appeal without formulating any substantial question of law.
Final Decision
The Supreme Court set aside the High Court's judgment and remitted the matter for disposal in accordance with law, with no order as to costs.
Law Points
- Second appeal
- substantial question of law
- formulation requirement
- Code of Civil Procedure
- 1908
