Case Note & Summary
The case involved an appeal by Punjab & Sind Bank against Karam Singh Grewal and others, concerning the compliance of the High Court with procedural provisions under the Code of Civil Procedure, 1908. The Supreme Court noted that the High Court had failed to adhere to Section 100 while deciding a substantial question of law, which warranted intervention. The Court set aside the impugned judgment and restored Regular Second Appeal No. 4759 of 2001 to the High Court's file. It directed the High Court to expedite the disposal of the appeal, ideally within a year, ensuring that the procedural requirements were met in the reconsideration of the case. The decision emphasized the importance of following established legal procedures in appellate matters.
Headnote
A) Civil Procedure - Compliance with Procedural Provisions - High Court's Non-Compliance - Code of Civil Procedure, 1908, Section 100 - The Supreme Court found that the High Court did not comply with the provisions of Section 100 while addressing the substantial question of law, leading to the setting aside of the impugned judgment and remittance of the matter for proper consideration. The Court directed the High Court to dispose of the appeal expeditiously, preferably within one year. (Paras Not mentioned).
Issue of Consideration
Whether the High Court complied with the provisions of Section 100 of the Code of Civil Procedure, 1908 while deciding the substantial question of law.
Final Decision
The Supreme Court set aside the impugned judgment of the High Court for non-compliance with Section 100 of the Code of Civil Procedure, 1908, and restored Regular Second Appeal No. 4759 of 2001 to the High Court's file, directing it to dispose of the appeal expeditiously, preferably within one year.
Law Points
- Civil Procedure Code
- substantial question of law
- High Court compliance
- appeal remittance
