Case Note & Summary
The case involved a landlord's appeal against a High Court order remanding a suit for eviction based on bona fide personal need. The appellant, Sabitri Chatterjee, sought eviction of the respondent, Debi Das Roy, from premises in New Alipore, Calcutta, citing health issues as the basis for her need for the ground floor space. The trial court initially dismissed the eviction suit, but the appellate court later decreed the suit in favor of the appellant, establishing her bona fide need. The respondent then filed a second appeal in the High Court, which allowed the appeal and remanded the case for further proceedings without formulating a substantial question of law as required by Section 100 of the Code of Civil Procedure. The Supreme Court found that the High Court's failure to comply with this procedural requirement warranted a remand. The Court emphasized the necessity for the High Court to formulate a substantial question of law to ensure proper legal scrutiny. The Supreme Court allowed the appeals, set aside the High Court's judgment, and directed the High Court to dispose of the second appeal in accordance with the law, while also noting the need for expedited resolution given the case's long history. No costs were awarded, and the order regarding the review petition was also set aside.
Headnote
A) Civil Procedure - Substantial Question of Law - Requirement of Formulation - Code of Civil Procedure, 1908, Section 100 - High Court failed to formulate a substantial question of law as mandated by Section 100(4) CPC before remanding the matter, necessitating a remand for compliance with procedural requirements. Held that the High Court must adhere to the statutory requirement to ensure proper adjudication (Paras 4-5).
Issue of Consideration
Whether the High Court erred in not formulating a substantial question of law under Section 100 of the Code of Civil Procedure, 1908.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's judgment and order, and remitted the matter to the High Court for compliance with Section 100(4) of the CPC, emphasizing the need for a quick resolution of the case.
Law Points
- Substantial question of law
- Code of Civil Procedure
- 1908
- Section 100
- Eviction on bona fide need
- Amendment of pleadings
