Full Judgment Text
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CASE NO.:
Appeal (civil) 3269 of 2000
PETITIONER:
RAMAVILASOM GRANDHASALA AND ORS.
RESPONDENT:
N.S.S. KARAYOGAM
DATE OF JUDGMENT: 05/05/2000
BENCH:
V.N. KHARE & N. SANTOSH HEGDE
JUDGMENT:
JUDGMENT
2000 (3) SCR 1151
The following Order of the Courtwas delivered : Leave granted.
The plaintiff-respondent filed a suit for declaration and possession. The
said suit was dispraised. An appeal against the said decree was also
dismissed. Thereafter the plaintiff-respondent filed a second appeal before
the High Court. The High Court without formulating any substantial question
of law, as required under sub-section (4) of Section 100 of Code of Civil
Procedure allowed the second appeal and decreed the suit. It is against the
said judgment the defendant-appellant is in appeal. This Court on more than
one occasion has held that under sub-section (4) of Section 100 of Code of
Civil Procedure, the High Court is required to frame substantial question
of law and only then it acquires jurisdiction to decide a Second Appeal on
merits. In this case the High Court without framing any substantial
question of law has allowed the appeal and this in itself is a sufficient
ground to set aside the judgment under appeal. We, accordingly, set aside
the judgment under appeal and send the matter back to the High Court to
decide the appeal only after framing substantial question of law which may
arise in the case.
The appeal is allowed. The High Court may decide the matter as
expeditiously as possible. No costs.