Full Judgment Text
2023INSC846
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 6070 OF 2023
[Arising out of SLP(C)No.20183 of 2022]
SURESH LATARUJI RAMTEKE …APPELLANT(S)
Versus
SAU. SUMANBAI PANDURANG
PETKAR & ORS. …RESPONDENTS
J U D G M E N T
SANJAY KAROL J.,
1. Leave granted.
2. The following questions arise for consideration of this Court:
2.1 Whether in the absence of affording 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
preferred under section 100 Code of Civil Procedure
Signature Not Verified
Digitally signed by
Anita Malhotra
Date: 2023.09.21
16:57:33 IST
Reason:
(hereinafter “CPC”), particularly, when the findings of
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fact rendered by two Courts, were sought to be
reversed?
2.2
Whether in the absence of any trial record or without
summoning and perusing the trial record, findings of
fact on the issue of plaintiff’s readiness and willingness
to execute the sale deed, could have been reversed by
the High Court in exercise of its appellate jurisdiction
under section 100 CPC?
3. Though, initially in the defendants’ appeal, which was listed
th
firstly on 26 April 2022, the High Court fixed the matter for
th
preliminary hearing on 29 September 2022, but adjourned it for
th
the next day, i.e., 30 September, 2022 when, after framing the
substantial questions of law, proceeded to hear the appeal and
reversed the findings of fact concurrently recorded by the two
Courts in the plaintiff’s favour.
4. Hence, this appeal by special leave, seeks to assail a
th
judgement and order dated 30 September 2022 passed in
Second Appeal No.324/2021 by the High Court of Judicature at
1
Bombay (Nagpur Bench) whereby concurrent findings returned
rd 2
by the Courts below vide judgement dated 3 September, 2014
by the Civil Judge Senior Division, Gadchiroli and vide
1 For Brevity, "Impugned Judgement"
2 Hereafter Referred to as "The Trial Court"
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st 3
judgement dated 1 October, 2021 by the Principal District
Judge, Gadchiroli, were overturned.
THE FACTUAL MATRIX
5. The respondent namely, Sumanbai Pandurang Petkar
4
(defendant in the original suit) had agreed to sell, for a
consideration of ₹ 6,60,000/ the property subject matter of
dispute, i.e., 3 acres of land to the appellant herein (plaintiff in
5
the original suit) .
6. For transfer, the Divisional Commissioner, Nagpur Division,
Nagpur, accorded necessary permissions. Despite various
attempts at execution, the same did not take place, and as such
the plaintiff issued notices to that effect, which were served on
the respondents requiring them to be present at the office of the
th
concerned authority on 16 December, 2009 at 11:30 AM to get
the deed executed. Such notices remained not complied with as
the defendants allegedly, tried to evade coming to the office of the
authority for such purpose.
7. It is as such that the case, subject matter of the present lis
came to be filed by the Plaintiff.
3 Hereinafter, "First Appellate Court"
4 Hereafter referred to as "the Defendants"
5 Hereafter, "the Plaintiff"
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TRIAL COURT AND FIRST APPELLATE COURT
8. The Trial Court framed 5 issues. A tabular representation of
the issues, the corresponding findings and the reasons therefor,
in short, is as below:
| S.<br>No. | Issues | Findings | Reasons |
|---|---|---|---|
| 1. | Does plaintiff prove that<br>defendant no. 1 has<br>entered into an<br>agreement of sale suit<br>land Survey No. 236/2<br>area 1.19 HR of Navegaon<br>in favor of plaintiff for<br>consideration of<br>Rs.6,60,00/? | YES | PW1 Suresh and PW2<br>Sudhakar have deposed that<br>an agreement was entered<br>into in respect of the land<br>and their testimonies remain<br>unshaken. Even though<br>Ulhas Shriniwas Athaale<br>(PW3) has not positively<br>identified the thumb<br>impression as that being the<br>same one affixed by<br>defendant no. 1, namely<br>Sumanbai that does not<br>establish that she had not<br>affixed her thumb<br>impressions. |
| 2. | Does plaintiff prove that<br>that on 29.03.2004<br>defendant no. 1has<br>executed the agreement<br>to sell in favour of the<br>plaintiff and the earnest<br>money of Rs.60,000/<br>was paid by the plaintiff<br>to the defendant on the<br>same day? | YES | It is clear that, as per the<br>answer to issue one, the<br>agreement was entered into,<br>and it stating that<br>Rs.60,000/ stands received<br>by the defendant.<br>Conclusively, said amount<br>was paid. |
| 2A | Whether the plaintiff<br>proves that he paid<br>Rs.1,00,000 on<br>17.01.2005, another<br>Rs.1,00,000/ on | NO | No document is placed on<br>record to show wherefrom<br>the said amounts were<br>withdrawn, nor was the same<br>paid in the presence of any |
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| 07.05.2005, Rs.2,000/<br>on 12.06.2008 and<br>Rs.8,000/ on<br>12.06.2008 to defendant<br>no. 1 through her<br>husband defendant no.<br>2? If yes, what is the legal<br>effect of this payment on<br>the rights of the parties? | one of the witnesses. The<br>amount paid on 07.05.2005<br>was apparently paid by<br>cheque but the cheque<br>number is absent from the<br>receipt. No passbook or<br>statement is placed on record<br>to show the payment of such<br>amount. The handwriting in<br>which the endorsement on<br>the last page of the<br>agreement was made in<br>respect of receipt of such<br>amount is unclear. | ||
|---|---|---|---|
| 3. | Does the plaintiff prove<br>that he is ready and<br>willing to perform his<br>part of the contract? | YES | Suresh’s (PW 1) testimony<br>that after receiving requisite<br>permission from the<br>authority the plaintiff had<br>asked the defendant to<br>execute the deed by way of<br>serving notice and also the<br>fact that he has placed on<br>record cheque for<br>Rs.3,90,000/, leads to the<br>conclusion that he has<br>always been ready and<br>willing to perform his part of<br>the contract. |
| 4. | Is the plaintiff entitled for<br>specific relief as sought<br>for? | YES | Consequent to the findings in<br>the affirmative in question<br>Nos.1, 2 and 3, the question<br>No.4 is also in the<br>affirmative. |
| 5. | What order and decree? | Suit is<br>partly<br>decreed<br>with<br>proportio<br>nate<br>costs. | |
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9. The Plaintiff was, in view of the above, directed to deposit
₹
6 lakh with the Court within 15 days and upon such deposit,
the defendant was to necessarily execute the sale deed to be
entitled to withdraw the said amount.
10. The First Appellate Court in addition to the questions
framed by the Trial Court, further added two issues, i.e., (a)
Whether the suit is within limitation?; and (b) Whether the
impugned judgement required interference? While not disturbing
the findings arrived at by the Trial court, resultantly answering
the second issue in the negative, also held the suit filed to be
within the period of limitation. The appeal was, therefore,
dismissed.
IMPUGNED JUDGMENT
11. In the Second Appeal, the Court framed four questions,
substantial in nature, and held that the concurrent findings as
returned by the trial courts were based on “complete
misapplication of law” and “erroneous consideration” and
appreciation of the evidence led by the parties. Reliance was
6
placed on Ravi Setia v. Madan Lal to state that in cases of
perverse findings/complete misappropriation/erroneous
6 (2019) 9 SCC 381 Two Judge Bench
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consideration of the evidence, or failure to consider relevant
evidence, a Court in Second Appeal could reappreciate the
evidence. In view of the above, the judgement rendered by both
the Courts below was set aside and the plaintiff’s suit for specific
performance dismissed.
12. It has been urged before us, amongst other grounds, that
the judgement of the High Court is contrary to the law settled by
various judgments of this court as the substantial questions
were framed on the second date of hearing thereby contravening
the provisions of Section 100 CPC; the High Court ought not to
ordinarily reverse findings of fact, more so concurrent, returned
by the trial court until and unless findings returned are perverse,
which clearly was not the case; on the aspect of readiness and
willingness, reliance was placed on Sukhbir Singh v. Brij Pal
7
Singh to submit that compliance with those two factors of
specific relief does not entail the carrying of hard cash and
instead it is the presence of the financial capacity to do so. A
8
cheque for ₹ 3,90,000/ has been placed on record which was
for the meeting which was slated to take place in the office of the
SubRegistrar but in fact it was the Respondents who did not
7 (1997) 2 SCC 200 Two Judge Bench
8 Exhibit 73, as recorded by the Trial Court in issue No.3 of its judgment.
7 |SLP(C)No. 20183 of 2022|
attend; The High Court erred severely in overturning the findings
of fact, particularly in the absence of the record of the trial court.
OPINION OF THE COURT
13. The jurisprudence on Section 100, CPC is rich and varied.
Time and again this Court in numerous judgments has laid
down, distilled and further clarified the requirements that must
necessarily be met in order for a Second Appeal as laid down
therein, to be maintainable, and thereafter be adjudicated upon.
Considering the fact that numerous cases are filed before this
Court which hinge on the application of this provision, we find it
necessary to reiterate the principles.
13.1 The requirement, most fundamental under this section
is the presence and framing of a “substantial question of
law”. In other words, the existence of such a question is sine
9
qua non for exercise of this jurisdiction.
13.2 The jurisdiction under this section has been described
10
by this Court in (TwoJudge Bench)
Gurdev Kaur v. Kaki
stating that post 1976 amendment, the scope of Section 100
CPC stands drastically curtailed and narrowed down to be
9 Panchugopal Barua v. Umesh Chandra Goswami and Ors. (1997) 4 SCC 713 Two Judge
Bench
10 (2007) 1 SCC 546 Two Judge Bench
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restrictive in nature. The High Court’s jurisdiction of
interfering under Section 100 CPC is only in a case where
substantial questions of law are involved, also clearly
formulated/set out in the memorandum of appeal. It has
been observed that:
“At the time of admission of the second appeal, it is
the bounden duty and obligation of the High Court
to formulate substantial questions of law and then
only the High Court is permitted to proceed with the
case to decide those questions of law. The language
used in the amended section specifically
incorporates the words as “substantial question of
law” which is indicative of the legislative intention. It
must be clearly understood that the legislative
intention was very clear that legislature never
wanted second appeal to become “third trial on
facts” or “one more dice in the gamble”. The effect of
the amendment mainly, according to the amended
section, was:
(i) The High Court would be justified in admitting the
second appeal only when a substantial question of
law is involved;
(ii) The substantial question of law to precisely state
such question;
(iii) A duty has been cast on the High Court to
formulate substantial question of law before hearing
the appeal;
(iv) Another part of the section is that the appeal
shall be heard only on that question.”
(supra) was referred to and relied upon
Gurdev Kaur
11
in Randhir Kaur v. Prithvi Pal Singh & Ors.
11 (2019) 17 SCC 71; Two Judge Bench
9 |SLP(C)No. 20183 of 2022|
12
13.3 In Santosh Hazari v. Purushottam Tiwari a Bench
of three Judges, held as under in regard to what constitutes
a substantial question of law:
a) Not previously settled by law of land or a binding
precedent.
b) Material bearing on the decision of case; and (c) New
point raised for the first time before the High Court is
not a question involved in the case unless it goes to
the root of the matter. Therefore, it will depend on
facts of each case.
Such principles stand followed in
Government of
13 14
Kerala v. Joseph and Chandrabhan v. Saraswati .
13.4 Nonformulation of substantial question(s) of law
renders proceedings “patently illegal”. This Court’s decisions
15
in and
Umerkhan v. Bimillabi Shiv Cotex v. Tirgun Auto
16
Plast Pvt Ltd. & Ors. indicate this position.
14. Substantial questions of law, as framed by the High Court
must be answered in light of the contentions raised therein.
12 (2001) 3 SCC 179 Three Judge Bench
13 2023 SCC OnLine SC 961 Two Judge Bench
14 2022 SCC OnLine SC 1273 Two Judge Bench
15 (2011) 9 SCC 684 Two Judge Bench
16 (2011) 9 SCC 678 Two Judge Bench
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14.1 If the Court is of the view that a question framed is to
be altered, deleted or a new question is to be added, then the
Court must hear the parties.
14.2 For both the above principles, reference may be made
17
to
Gajaraba Bhikhubha Vadher v. Sumara Umar Amad
where the following principles were observed:
a) The substantial question of law framed by the High
Court must be answered, with reasons. Disposing
off the appeal without answering the same cannot
be justified.
b)
If a need is felt to modify, alter or delete a question,
a hearing must be provided to the parties in respect
thereof.
14.3 When the case is admitted, but upon hearing when it is
found that no substantial question of law arises for
consideration, reasons should be recorded in such
dismissal.
18
15. In Kichha Sugar Co. Ltd. v. Roofrite (P) Ltd it was
observed:
17 (2020) 11 SCC 114 (Three Judge Bench)
18 (2009) 16 SCC 280 Three Judge Bench
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“4. Our attention is drawn by the learned counsel for
the respondents to the provisions of Section 100(5) of
the Civil Procedure Code where the respondent to a
second appeal is permitted “to argue that the case does
not involve such question” i.e. the questions
formulated earlier. No doubt, but then the order on the
second appeal should indicate, howsoever briefly, why
the questions formulated at the earlier stage had, at
the stage of final hearing, been found to be no
questions of law.”
| 16. Substantial questions should ordinarily, not be framed at a<br>later stage. If done so, then parties must be given an opportunity<br>to meet them. This Court in U.R. Virupakshappa v.<br>Sarvamangala19 held : | ||
|---|---|---|
| “15. … It, furthermore, should not ordinarily frame a<br>substantial question of law at a subsequent stage<br>without assigning any reason therefor and without<br>giving a reasonable opportunity of hearing to the<br>respondents. [See Nune Prasad v. Nune<br>Ramakrishna [(2008) 8 SCC 258 : (2008) 10 Scale<br>523] ; Panchugopal Barua v. Umesh Chandra<br>Goswami [(1997) 4 SCC 713] (SCC paras 8 and 9);<br>and Kshitish Chandra Purkait v. Santosh Kumar<br>Purkait [(1997) 5 SCC 438] (SCC paras 10 and 12)]. | ||
| 16. The High Court, in this case, however, formulated<br>a substantial question of law while dictating the<br>judgment in open court. Before such a substantial<br>question of law could be formulated, the parties should<br>have been put to notice. They should have been given<br>an opportunity to meet the same. Although the Court<br>has the requisite jurisdiction to formulate a substantial<br>question of law at a subsequent stage which was not<br>formulated at the time of admission of the second<br>appeal but the requirements laid down in the proviso<br>appended to Section 100 of the Code of Civil Procedure<br>were required to be met.” |
19 (2009) 2 SCC 177 Two Judge Bench
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16.1 This Court in MehboobUrRehman v. Ahsanul
20
, observed in respect of application of Section
Ghani
100(5) CPC as under :
a)
It is not rule under proviso to subsection (5) to
hear any other substantial question of law
irrespective of the question(s) formulated, so as
to annul other requirements of S. 100, CPC.
b) Proviso to come in operation in exceptional cases
where reasons are to be recorded by High Court.
16.2 It has further been held that the application of this
section is only when some questions, substantial in law,
already stand framed. (B.C. Shivashankara v. B.R.
21
Nagaraj ) .
16.3 Wrong application of law laid down by the Privy
Council, Federal Court or the Supreme Court, will not
qualify for substantial question of law and neither wrong
application of facts.
16.4 If on an issue, the trial court discusses the
evidence but does not return a finding thereon, High
20 (2019) 19 SCC 415 Two Judge Bench
21 (2007) 15 SCC 387 Two Judge Bench
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Court in jurisdiction under Section 100, CPC may do so.
Reference be made to Govindbhai Chhotabhai Patel v.
22
Patel Ramanbhai Mathurbhai.
| This Court in | Kondiba Dagadu Kadam v. Savitribai | |
|---|---|---|
23
Sopan Gujar , observed
| “6. If the question of law termed as a substantial<br>question stands already decided by a larger Bench of<br>the High Court concerned or by the Privy Council or by<br>the Federal Court or by the Supreme Court, its merely<br>wrong application on the facts of the case would not be<br>termed to be a substantial question of law. Where a<br>point of law has not been pleaded or is found to be<br>arising between the parties in the absence of any<br>factual format, a litigant should not be allowed to raise<br>that question as a substantial question of law in<br>second appeal. The mere appreciation of the facts, the<br>documentary evidence or the meaning of entries and<br>the contents of the document cannot be held to be<br>raising a substantial question of law…” | ||
16.5 Interference on findings of fact permitted in exceptional
cases, i.e., when finding is based on either inadmissible or,
24
no evidence. This Court in
Dinesh Kumar v. Yusuf Ali
referring to various other cases held:
| a) It is not permissible for High Court to reappreciate<br>evidence as if it was the first appellate court unless<br>findings were perverse. | |
|---|---|
22 (2020) 16 SCC 255 Two Judge Bench
23 (1999) 3 SCC 722 Two Judge Bench
24 (2010) 12 SCC 740 Two Judge Bench
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b) Finding of fact can be interfered in exceptional
circumstances as rarity, rather than a regularity.
c) Scrutiny of evidence in second appeal is not
prohibited but has to be exercised upon proper
circumspection.
17. Jurisdiction under second appeal not to be exercised merely
because an alternate view is possible. It was observed in Hamida
25
v. Mohd. Khalil
7. …The High Court, it is well settled, while exercising
jurisdiction under Section 100 CPC, cannot reverse the
findings of the lower appellate court on facts merely on
the ground that on the facts found by the lower
appellate court another view was possible.”
This position was reiterated by Avtar Singh & Ors. v.
26
Bimla Devi & Ors.
17.1 In aid of such a restricted application, an essential
aspect in ensuring that it does not acquire the nature of a
“third appeal” is the limited possibility of appreciation of
evidence and connectedly, the restriction on upturning
concurrent findings of fact. However, there are certain
exceptions to the rule as pointed out by this Court in Nazir
27
Mohamed v. J. Kamala , as under:
25 (2001) 5 SCC 30 Two Judge Bench
26 (2021) 13 SCC 816 Two Judge Bench
27 (2020) 19 SCC 57 Two Judge Bench
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| “33.4. The general rule is, that the High Court will not<br>interfere with the concurrent findings of the courts<br>below. But it is not an absolute rule. Some of the well<br>recognised exceptions are where: (i) the courts below<br>have ignored material evidence or acted on no<br>evidence; (ii) the courts have drawn wrong inferences<br>from proved facts by applying the law erroneously; or<br>(iii) the courts have wrongly cast the burden of proof. A<br>decision based on no evidence, does not refer only to<br>cases where there is a total dearth of evidence, but also<br>refers to case, where the evidence, taken as a whole, is<br>not reasonably capable of supporting the finding.” | |||
|---|---|---|---|
| 17.2 The extent of the same may be underscored by the<br>observation that: | |||
| “32. In a second appeal, the jurisdiction of the High<br>Court being confined to substantial question of law, a<br>finding of fact is not open to challenge in second<br>appeal, even if the appreciation of evidence is palpably<br>erroneous and the finding of fact incorrect as held<br>in V. Ramachandra Ayyar v . Ramalingam Chettiar [V.<br>Ramachandra Ayyar v . Ramalingam Chettiar , AIR<br>1963 SC 302] . An entirely new point, raised for the<br>first time, before the High Court, is not a question<br>involved in the case, unless it goes to the root of the<br>matter.”<br>(Emphasis Supplied) | “32. In a second appeal, the jurisdiction of the High<br>Court being confined to substantial question of law, a<br>finding of fact is not open to challenge in second<br>appeal, even if the appreciation of evidence is palpably<br>erroneous and the finding of fact incorrect as held | ||
| in V. Ramachandra Ayyar v . Ramalingam Chettiar [V. | |||
| Ramachandra Ayyar v . Ramalingam Chettiar , AIR | |||
| 1963 SC 302] . An entirely new point, raised for the<br>first time, before the High Court, is not a question<br>involved in the case, unless it goes to the root of the<br>matter.” | |||
| (Emphasis Supplied) |
18. It is apparent from the above extracted principles and a
perusal of the respective judgments that the second appeal is
envisioned, much like any other process of the Court to be a
stepbystep process, each step further being a consequence of
the previous one. Framing of substantial questions at the stage
of admission, the appeal then being admitted for hearing,
hearing thereon, and then a reasoned judgment.
16 |SLP(C)No. 20183 of 2022|
19. However, as a reading of the impugned judgment reveals,
these steps came to be followed, only partially, more so, ignoring
the time element, inherent therein.
20. As Sumara Umar Ahmad (supra), Kichha Sugar (supra)
and Virupakshappa (supra) and also the ingredients identified
by (supra) show, hearing the parties, on all
Gurdev Kaur
questions, framed at the time of admission as also the one
framed, added or altered, is absolutely essential.
21. In the present case, the parties were not given the requisite
time to meet the questions framed by the Court. Section 100(5)
CPC 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.
17 |SLP(C)No. 20183 of 2022|
28
22. Our view finds support in Amar Singh v. Dalip Singh
wherein this Court held:
a) The purpose of framing of substantial question of law
is to give the parties an opportunity to come prepared
on that particular question.
b)
When a substantial question of law is formulated by
the Court then the same must be made known to
parties and thereafter they have to be given an
opportunity to advance arguments thereon.
c) If any additional questions were framed at the time of
hearing, the Court must hear the parties on that
question as well.
23. Here, the 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 findings of fact reversed. That, as the above discussion
points out, is not in consonance with the manner set out for the
disposal of a second appeal.
24. The impugned judgment overturns concurrent findings of
fact in respect of readiness and willingness on the part of the
28 (2012) 13 SCC 405 Two Judge Bench
18 |SLP(C)No. 20183 of 2022|
plaintiff to perform the contract, without pointing out the
exceptional circumstance or the perversity in the findings which
were returned by the Courts below.
25. For the Court to have done so, in accordance with law, the
actual evidence, which was before the Courts below, in our view,
had to be called for. This is so because, if the findings returned
are to be upturned on perversity, the same should unmistakably
be reflected from record. If this is not so done, the Court of first
appeal being the “final Court of fact”, would be reduced to a
mere saying, of no actual effect. After all, a second appeal is not
a “third trial on facts”, and so, for reappreciation of evidence to
be justified, and for the same to be required as well as being
demonstrably, at a different threshold from merely, a “possible
different view”, perversity or the other conditions of “no evidence”
or “inadmissible evidence” ought to be urged, and subsequently,
with the Court being satisfied on the arguments advanced, of
such a possibility, the Court would then, proceed to call for the
record. That is to say that accepting the argument of perversity
merely on the submissions made and not having appreciated the
record, would be unfair to the Court of first appeal.
19 |SLP(C)No. 20183 of 2022|
26. The haste with which the Court proceeded to dispose of the
appeal without proper and adequate opportunity to address
arguments cannot be appreciated. The governing statute lays
considerable emphasis on hearing the parties on all questions
and the same is reflected in various pronouncements of this
Court. The approach adopted by a Court in disposing of such
appeals must abide by the same.
27. The questions of law raised in the instant appeal are
answered as under :
27.1 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, i.e., 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.
27.2 In ordinary course, the High Court in such
jurisdiction does not interfere with finding of fact, however, if
it does find any compelling reason to do so as regard in law,
20 |SLP(C)No. 20183 of 2022|
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. In other words,
when overturning findings of fact, the Court will be required
to call for the records of the Trial Court or if placed on
record, peruse the same and only then question the veracity
of the conclusions drawn by the Court below.
28. In view of the foregoing discussion we find it fit to remand
the matter to the High Court for consideration afresh in
th
accordance with law. Judgment and Order dated 30 September
2022 passed in Second Appeal No.324/2021 by the High Court
of Judicature at Bombay (Nagpur Bench) is set aside and the
case is restored to the file of the High Court. Accordingly, the
appeal is accepted and allowed in such terms.
29. Pending application(s), if any, shall stand disposed of.
30. No costs.
……………………J.
(B.R GAVAI)
….....……………J.
(SANJAY KAROL)
st
Date : 21 September, 2023;
Place: New Delhi.
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