NDLI: Suresh Lataruji Ramteke Vs. Sau. Sumanbai Pandurang Petkar & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Civil Procedure 1908
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 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: Whether in the absence of aff ording adequate opportunity of hearing to the parties on addressing the framed substantial questions of law, the High Court could have proceeded to decide the same in an appeal u/s.100, CPC particularly, when the fi ndings of fact rendered by two Courts, were sought to be reversed; and further, whether without summoning and perusing the trial record, fi ndings of fact could have been reversed by High Court in exercise of its appellate jurisdiction u/s.100, CPC.Code of Civil Procedure, 1908 – s.100 – Scope:Held: A Court sitting in second appellate jurisdiction is to frame substantial question of law at the time of admission, save and except in exceptional circumstances – Post such framing of questions, the Court shall proceed to hear the parties on such questions after giving them adequate time to meet and address them – It is only after such hearing subsequent to the framing that a second appeal shall come to be decided – Further, in ordinary course, the High Court in such jurisdiction does not interfere with fi nding of fact, however, if it does fi nd any compelling reason to do so as regard in law, it can do but only after perusing the records of the Trial Court, on analysis of which the conclusion arrived at by such a Court is sought to be upturned – s.100(5) suggests that there is a gap between framing of the questions at admission and hearing, as the proviso thereto gives an opportunity to the Court to frame additional questions at the time of hearing, on which the parties would have to be heard as well – Meaning thereby, that the questions framed at the time of admission, at such point of subsequent framing of questions are already known to the parties and they have had time to prepare to address arguments on the same – It is during the arguments that a further important issue is discovered and a question in that regard is framed, with the parties then being granted time to meet that question as well – In the present case, the parties were not given the requisite time to meet the questions framed by the Court – Questions of law were framed on the second date of hearing, the parties were heard right then and there, and the second appeal was disposed of with the judgment being dictated and fi ndings of fact reversed – Further, impugned judgment overturned concurrent fi ndings of fact in respect of readiness and willingness on the part of plaintiff to perform the contract, without pointing out the exceptional circumstance or the perversity in the fi ndings which were returned by the Courts below – For the Court to have done so, the actual evidence which was before the Courts below had to be called for – Impugned Judgement set aside – Matter remanded to High Court. [Paras 21, 23-25, 27, 28]Code of Civil Procedure, 1908 – s.100 – Second appeal – Principles reiterated.
Judge	Hon'ble Mr. Justice Sanjay Karol
Neutral Citation	2023 INSC 846
Petitioner	Suresh Lataruji Ramteke
Respondent	Sau. Sumanbai Pandurang Petkar & Ors.
SCR	[2023] 12 S.C.R. 488
Judgement Date	2023-09-21
Case Number	6070

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Suresh Lataruji Ramteke Vs. Sau. Sumanbai Pandurang Petkar & Ors.

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Suresh Lataruji Ramteke Vs. Sau. Sumanbai Pandurang Petkar & Ors.

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