Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6084 OF 2002
Mehar Singh (Dead) by Lrs. and Ors. ...Appellant(s)
Versus
Sawan Singh (D) By Lrs. and Ors. ...Respondent(s)
O R D E R
This is an appeal for setting aside the judgment dated 18.9.2001 of the
High Court of Punjab and Haryana, whereby Regular Second Appeal No. 1053 of
1981 filed by the respondents was allowed, decrees of the courts below were set aside
and the suit for declaration filed by the appellants was dismissed.
The Trial Court decreed the suit filed by the appellants and declared that
order dated 17.9.1975 passed by the Collector for redemption of the mortgage was
nullity. The lower appellate court dismissed the appeal of the respondents and
confirmed the decree passed by the trial court. When the matter was taken in second
appeal, the learned Single Judge, without framing any question of law, reversed the
decrees of the trial and lower appellate courts and dismissed the suit.
In our view, the High Court could not have allowed the second appeal
without framing substantial question of law as per the mandate of Section 100 of the
Code of Civil Procedure and on this ground alone, the judgment under appeal is
liable to set aside.
....2/-
- 2 -
Accordingly, the appeal is allowed, impugned judgment is set aside and the
second appeal is remitted to the High Court, which shall first consider whether any
substantial question of law arises in the appeal. If the High Court comes to the
conclusion that any substantial question of law arises in the second appeal, then it
shall frame such question and then decide the appeal in accordance with law after
giving opportunity of hearing to the parties.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
......................J.
[DR. MUKUNDAKAM SHARMA]
New Delhi,
April 16, 2009.