NDLI: State of Rajasthan & Ors. Vs. Shiv Dayal & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	second appeal Substantial questions of law CPC S 100
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Code of Civil Procedure, 1908: s.100 – Substantial questions of law – Suit by respondent no.1 against the appellant-State and its authorities seeking grant of permanent injunction against the State and its authorities from interfering in carrying out the mining operations on the suit land by respondent no.1 – Claim was inter alia based on ground that the suit land was not part of any protected forest area as claimed by the State authorities but was part of the Revenue area and, therefore, respondent no.1 had a right to carry out mining operation on the suit land without any interference of the State and its authorities – Trial court decreed the suit and granted an injunction against the State and its authorities in relation to the suit land – First appellate court affirmed the order of trial court – High Court dismissed the appeals holding that since the two courts decreed the suit, no substantial question of law arose in the appeals – Aggrieved, State filed instant appeals – Held: High Court was swayed away with the consideration that since two courts have decreed the suit, resulting in passing of the decree against the State, there was no substantial question of law in the appeals – When any concurrent finding of fact is assailed in second appeal, the appellant is entitled to point out that it is bad in law because it was recorded de hors the pleadings or it was based on no evidence or it was based on misreading of material documentary evidence or it was recorded against any provision of law and the decision is one which no Judge acting judicially could reasonably have reached – If any one or more ground, is made out in an appropriate case on the basis of the pleading and evidence, such ground constitute substantial question of law within the meaning of s.100 of the Code – In the instant case, the questions arose as to whether the suit land was a Forest land or a Revenue land; whether a mining lease of the suit land could be granted by the State for carrying out the mining operation in accordance with the MMRD Act and, if so, whether it satisfied all the statutory provisions of the MMRD Act etc. – The suit could not have been tried properly without deciding these questions in the light of the pleadings, evidence and the applicable laws – High Court, therefore, ought to have admitted the second appeal by framing appropriate substantial questions of law and answered them on their respective merits – Matter remitted to High Court for consideration afresh.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 900
Petitioner	State Of Rajasthan & Ors.
Respondent	Shiv Dayal & Anr.
SCR	[2019] 10 S.C.R. 243
Judgement Date	2019-08-14
Case Number	7363

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