Case Note & Summary
The case involved an appeal by A.K. Sharma against the Chairman/M.D., HPGCL & Ors, concerning the admission of a Regular Second Appeal by the High Court of Punjab & Haryana. The Supreme Court noted that the High Court had not recorded any substantial questions of law as required under Section 100 of the Code of Civil Procedure, 1908, while admitting the appeal. The respondents argued that the questions were framed in the Memorandum of Appeal but were inadvertently omitted in the High Court's order. The Supreme Court found merit in this contention and decided to set aside the High Court's order dated 25.1.2006, remitting the matter back for the High Court to consider the substantial questions of law and to frame any additional questions as deemed necessary. The Supreme Court allowed the appeal, set aside the impugned order, and directed the High Court to hear the second appeal afresh, maintaining the stay on judgments and decrees of the lower courts until the High Court's final decision.
Headnote
A) Civil Procedure - Substantial Questions of Law - Requirement of Formulation - Code of Civil Procedure, 1908, Section 100 - High Court failed to record substantial questions of law while admitting the second appeal, which is a procedural requirement. The Supreme Court set aside the High Court's order and remitted the matter for fresh consideration of the substantial questions of law framed in the memorandum of appeal. Held that the High Court must formulate and consider these questions before proceeding with the appeal (Paras 3-7).
Issue of Consideration
Whether the High Court properly formulated and recorded substantial questions of law while admitting the second appeal.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order dated 25.1.2006, and remitted the matter back to the High Court for fresh consideration of substantial questions of law.
Law Points
- Substantial questions of law
- Code of Civil Procedure
- 1908
- Section 100
- High Court admission process
