Case Note & Summary
The dispute arose from a suit filed by the respondent for cancellation of two sale deeds executed in favor of the appellant and for possession of the properties involved. The trial court decreed the suit, declaring the sale deed in favor of the appellant as a sham transaction. The appellant appealed to the First Appellate Court, which set aside the trial court's judgment. The respondent then filed a Second Appeal, which the High Court allowed, setting aside the judgments of both lower courts and remanding the case for fresh disposal. The appellant challenged this decision, arguing that the High Court did not formulate a substantial question of law as required by Section 100 of the Code of Civil Procedure, 1908. The Supreme Court noted that the High Court's judgment lacked the necessary formulation of a substantial question of law and emphasized that the jurisdiction of the High Court in second appeals is confined to such questions. The Court referred to precedents that reinforced this requirement and highlighted that the findings of fact by the lower courts were based on proper evidence. Consequently, the Supreme Court set aside the High Court's judgment and remitted the matter for disposal in accordance with law, urging the High Court to expedite the process due to the prolonged pendency of the case.
Headnote
A) Civil Procedure - Second Appeal - Necessity of Formulating Substantial Question of Law - Code of Civil Procedure, 1908, Section 100 - The High Court failed to formulate a substantial question of law before disposing of the Second Appeal, which is a requirement under Section 100 CPC. The Supreme Court held that the judgment of the High Court could not be sustained due to this procedural lapse and remitted the matter for fresh disposal (Paras 5-6).
Issue of Consideration
Whether the High Court was justified in disposing of the Second Appeal without formulating a substantial question of law.
Final Decision
The Supreme Court set aside the High Court's judgment and remitted the matter for fresh disposal of Second Appeal No. 650 of 2003, emphasizing the necessity of formulating a substantial question of law under Section 100 CPC.
Law Points
- Second Appeal
- substantial question of law
- jurisdiction of High Court
- permissive possession
- adverse possession
