NDLI: Kirodi (since Deceased) Through His Lr Vs. Ram Parkash & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s.100 CPC Regular second appeal Appeal Maintainability of Non framing of question of law
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Act(s) Referred	Punjab Courts Act, 1918 (6 of 1918) Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Appeal: Regular second appeal – Maintainability of – Nonframing of question of law – Plea of appellant that the regular second appeal was decided without framing a question of law – In support of the said plea, the appellant relied upon decisions emanating from the Punjab and Haryana High Court – Held: By virtue of s.97 of the Code of Civil Procedure (Amendment) Act, 1976 (Amendment Act), s.100 CPC was amended requiring the second appeal to mandatorily contain a substantial question of law – However, in Punjab and Haryana, a different legal position prevails in view of Constitution Bench judgment in Pankajakshi case – In Pankajakshi case, it was opined that s.97 of the Amendment Act prohibited amendments made in the Principal Act which were repugnant to the same and, therefore, if any state amendment to CPC was enacted by the state legislature or a rule was made by the High Court of State in respect of the provisions of CPC which ran counter to it, that would be hit by the provisions of the savings clause of the Amendment Act – The caveat, however, was that the legislation in question being the Punjab Act is a pre-Constitution Act and hence is not a legislation hit by the provisions of Art.254 of the Constitution of India which holds state enactments to be repugnant to the enactments when they run counter to the laws enacted by the centre through the concurrent list – The legislation was saved by Art.372(1) of the Constitution of India being a preConstitutional enactment which was to continue to be in force until altered or repealed or amended by a competent legislature – No such repeal took place, hence, the legislation continues to operate – The effect of the judgment of the Constitution Bench is that insofar as the State of Punjab is concerned, a second appeal does not require formulation of a substantial question of law since the Punjab Act was applicable for the State – Thus, s.100 CPC would not hold the field having supervening effect – Code of Civil Procedure, 1908 – s.100 – Code of Civil Procedure (Amendment) Act, 1976 – s.97 – Constitution of India – Art.254 and 372(1).
Judge	N/A
Neutral Citation	2019 INSC 674
Petitioner	Kirodi (since Deceased) Through His Lr
Respondent	Ram Parkash & Ors.
SCR	[2019] 7 S.C.R. 968
Judgement Date	2019-05-10
Case Number	4988

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