Manorama Thampuratti Vs. C.K. Sujatha Thampuratti & Ors.
EmailAppeal: Civil Appeal No. 129 of 2000
(Arising out of S.L.P. (C) No. 14687 of 1999)
(Arising out of S.L.P. (C) No. 14687 of 1999)
Petitioner: Manorama Thampuratti
Respondent: C.K. Sujatha Thampuratti & Ors.
Apeal: Civil Appeal No. 129 of 2000
(Arising out of S.L.P. (C) No. 14687 of 1999)
(Arising out of S.L.P. (C) No. 14687 of 1999)
Judges: S.B. MAJMUDAR & D.P. MOHAPATRA, JJ.
Date of Judgment: Jan 10, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 100 – Appeal – Second Appeal – Procedure to be followed by High Court in disposing of second appeal. Held jurisdiction being limited court cannot allow the appeal and remand the pro-ceedings without strictly following the procedure laid down by Section 100, CPC. Order of High Court accordingly set aside.
Civil Procedure Code, 1908
Section 100 – Appeal – Second Appeal – Procedure to be followed by High Court in disposing of second appeal. Held jurisdiction being limited court cannot allow the appeal and remand the pro-ceedings without strictly following the procedure laid down by Section 100, CPC. Order of High Court accordingly set aside.
JUDGEMENT:
ORDER
1. Leave granted.
2. We have heard learned counsel for the parties finally with their consent.
3. Learned counsel for the appellant submitted that the High Court while deciding the second appeal has not kept in view the limited jurisdiction conferred on it under Section 100 of the Code of Civil Procedure, nor has it framed substantial questions of law for its decision. Learned counsel for the respondents could not effectively combat this contention. A mere look at the impugned order shows that the High Court has allowed the second appeal and remanded the proceedings without strictly following the procedure laid down under Section 100 of the Code of Civil Procedure. Only on this short ground and without expressing any opinion on the merits of the controversy between the parties, this appeal is allowed. The impugned judgment and order of the High Court are set aside. Second Appeal No. 7 of 1998-A is re-stored to the file of the High Court with a request to redecide the same in accordance with the limited jurisdiction conferred under Section 100 of the Code of Civil Procedure after following the procedure laid down therein. No costs.
1. Leave granted.
2. We have heard learned counsel for the parties finally with their consent.
3. Learned counsel for the appellant submitted that the High Court while deciding the second appeal has not kept in view the limited jurisdiction conferred on it under Section 100 of the Code of Civil Procedure, nor has it framed substantial questions of law for its decision. Learned counsel for the respondents could not effectively combat this contention. A mere look at the impugned order shows that the High Court has allowed the second appeal and remanded the proceedings without strictly following the procedure laid down under Section 100 of the Code of Civil Procedure. Only on this short ground and without expressing any opinion on the merits of the controversy between the parties, this appeal is allowed. The impugned judgment and order of the High Court are set aside. Second Appeal No. 7 of 1998-A is re-stored to the file of the High Court with a request to redecide the same in accordance with the limited jurisdiction conferred under Section 100 of the Code of Civil Procedure after following the procedure laid down therein. No costs.
