Case Note & Summary
The dispute arose from a suit filed by the respondents for a perpetual injunction against the appellants regarding a piece of land in Hyderabad. The trial court decreed the suit in favor of the respondents, but the First Appellate Court reversed this decision. The respondents then filed a Second Appeal in the High Court, which was allowed, reversing the First Appellate Court's judgment. The appellants challenged this decision in the Supreme Court, arguing that the High Court had not formulated any substantial question of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The Supreme Court noted that the High Court's judgment did not indicate any substantial question of law had been formulated or that the appeal was heard on such a question. Citing precedents, the Court emphasized that the jurisdiction of the High Court in second appeals is confined to substantial questions of law and cannot interfere with findings of fact. The Court found that the High Court had erred in reversing the findings of the lower courts without adhering to the procedural requirements. 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 - Formulation of Substantial Question of Law - Code of Civil Procedure, 1908, Section 100 - High Court failed to formulate a substantial question of law before reversing the First Appellate Court's judgment, 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 back for proper disposal (Paras 6-8).
Issue of Consideration
Whether the High Court was justified in disposing of the Second Appeal without formulating a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908.
Final Decision
The Supreme Court set aside the High Court's judgment and remitted the matter for disposal of Second Appeal No.523 of 2001 in accordance with law, with no order as to costs.
Law Points
- Second Appeal
- substantial question of law
- jurisdiction of High Court
- permissive possession
- adverse possession
