Gurusiddappa Kumbar Vs. Basavanneppa B. Kumbhar (Dead) by LRs. & Ors.
EmailAppeal: (Arising out of SLP (C) 3524 of 1999)
Petitioner: Gurusiddappa Kumbar
Respondent: Basavanneppa B. Kumbhar (Dead) by LRs. & Ors.
Apeal: (Arising out of SLP (C) 3524 of 1999)
Judges: A.P. MISRA & S.N. PHUKAN, JJ.
Date of Judgment: Jul 28, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 100 – Second appeal – Decision rendered without deciding if there is any substantial question of law – No such question formulated. Held that High Court orders set aside and matter remitted for deciding it afresh if there is any substantial question of law.
(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. Heard learned Counsel for the parties.
3. This Court has repeatedly declared that Section 100 obligates the Court only to hear the Second Appeal on the substantial question of law so formulated and then decide the same. We find the High Court has decided this case without recording whether there is any substantial question of law and without framing the same. Hence, the impugned order of the High Court cannot be sustained. Accordingly, we set aside the order, dated 9th March, 1998 and send the case back to the High Court for redeciding it in accordance with law. The High Court shall now examine the case afresh whether there is any substantial question of law or not and if it arises, frame the same and then dispose it of in accordance with law.
4. With the aforesaid observation the appeal succeeds. Costs on the
parties.
1. Leave granted.
2. Heard learned Counsel for the parties.
3. This Court has repeatedly declared that Section 100 obligates the Court only to hear the Second Appeal on the substantial question of law so formulated and then decide the same. We find the High Court has decided this case without recording whether there is any substantial question of law and without framing the same. Hence, the impugned order of the High Court cannot be sustained. Accordingly, we set aside the order, dated 9th March, 1998 and send the case back to the High Court for redeciding it in accordance with law. The High Court shall now examine the case afresh whether there is any substantial question of law or not and if it arises, frame the same and then dispose it of in accordance with law.
4. With the aforesaid observation the appeal succeeds. Costs on the
parties.
