Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 – Second appeal – Substantial question of law Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 : s. 100 – Second appeal – Substantial question of law – On facts, the High Court allowed the second appeal, after hearing the appellant of second appeal only and not hearing the contesting respondent No.4 who had filed an application u/s. 151 r/w Or. LXI, r. 21 CPC praying for an opportunity of hearing – High Court did not frame any substantial question of law while admitting the appeal as per sub-section(4) of Section 100 though it remained pending for a long time – While proceeding to allow the second appeal, the High Court framed the substantial question of law in the impugned judgment – Sustainability of – Held: Not sustainable – High Court failed to follow the procedure prescribed u/s. 100 while allowing the second appeal and thus, committed a jurisdictional error calling for interference by this Court – High Court while passing a final judgment framed the substantial question of law for the first time and simultaneously answered the said question in appellant’s favour – High Court was under a legal obligation to frame the substantial question at the time of admission of the appeal after hearing the appellant or/and his counsel under sub-section (4) of s. 100 – High Court had no jurisdiction to frame the substantial question at the time of writing of its final judgment in the appeal except to the extent permitted under sub-section (5) – Procedure adopted by the High Court, also resulted in causing prejudice to the respondents because the respondents could not object to the framing of substantial question of law. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 170 |
Petitioner | Surat Singh (dead) |
Respondent | Siri Bhagwan & Ors. |
SCR | [2018] 1 S.C.R. 1063 |
Judgement Date | 2018-02-19 |
Case Number | 9118 |
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