Case Note & Summary
The Supreme Court heard civil appeals arising from a batch of second appeals decided by the Punjab & Haryana High Court. The dispute involved property rights between Chand Kaur (deceased, represented by legal heirs) and Mehar Kaur (deceased, represented by legal heirs). The High Court had allowed some second appeals and dismissed others, modifying the judgment of the first appellate court. However, the Supreme Court noted that the High Court had not framed any substantial question of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The Court observed that this was a jurisdictional error, as the sine qua non for allowing a second appeal is the framing of substantial questions of law. Relying on precedents in Surat Singh v. Siri Bhagwan and Vijay Arjun Bhagat v. Nana Laxman Tapkire, the Supreme Court held that the High Court's failure to frame such questions vitiated its judgment. Consequently, the Supreme Court allowed the appeals, set aside the High Court's order, and remanded all second appeals to the High Court for fresh disposal. The High Court was directed to first frame substantial questions of law and then decide the appeals on merits, uninfluenced by any observations made earlier. The Supreme Court did not express any opinion on the merits of the controversy.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100, Code of Civil Procedure, 1908 - The High Court allowed second appeals without framing any substantial question of law, which is mandatory under Section 100 CPC - The Supreme Court held that framing of substantial question(s) of law is sine qua non for deciding a second appeal - The impugned order was set aside and the matter remanded to the High Court for fresh disposal after framing substantial questions of law (Paras 4-9).
Issue of Consideration
Whether the High Court could allow second appeals without framing substantial questions of law as required under Section 100 of the Code of Civil Procedure, 1908.
Final Decision
Appeals allowed. Impugned order set aside. All second appeals restored to original numbers before the High Court. High Court directed to first frame substantial questions of law and then decide appeals on merits uninfluenced by any observations.
Law Points
- Section 100 CPC
- substantial question of law
- sine qua non for second appeal
- remand for fresh disposal
