Case Note & Summary
The dispute arose from a civil appeal concerning the admission of a second appeal under Section 100 of the Code of Civil Procedure, 1908. The appeal was admitted by the High Court on 11.06.1990 without framing any substantial questions of law. The case was heard on 02.05.2009, and judgment was reserved, but again, no questions of law were framed at that time. The judgment delivered on 10.06.2009 mentioned certain substantial questions of law, which were framed only during the dictation of the judgment. The Supreme Court found this procedure unfair as it deprived the parties of the opportunity to assist the court on the specific questions of law. The court noted that Section 100 mandates the High Court to formulate substantial questions of law before hearing the appeal. The Supreme Court held that the High Court erred by not framing these questions prior to the hearing and thus remanded the matter back to the High Court for proper consideration. The court also requested the High Court to treat the case as a second appeal filed in 1990 and to give it priority. The issue of the death of one of the respondents was left for the High Court to decide. The appeal was allowed in these terms.
Headnote
A) Civil Procedure - Second Appeal - Requirement of Framing Questions of Law - Code of Civil Procedure, 1908, Section 100 - The High Court admitted the appeal without formulating substantial questions of law, which is a procedural error. The court emphasized that the parties must know the questions of law to assist the court effectively. Held that the appeal should be remanded for proper framing of questions (Paras 1-4).
Issue of Consideration
Whether the High Court erred in admitting the appeal without framing substantial questions of law.
Final Decision
The Supreme Court allowed the appeal and remanded the matter to the High Court for proper framing of substantial questions of law, requesting priority in hearing due to the case's age.
Law Points
- Second appeal
- substantial question of law
- Code of Civil Procedure
- 1908
- Section 100
- High Court's duty to frame questions
