Pramilla v. Seema Agarwal (SC) BS259929
SUPREME COURT OF INDIA

Before:-Dalveer Bhandari and Deepak Verma, JJ.

Civil Appeal No. 3961 of 2011. D/d. 5.5.2011.

Pramilla and others - Petitioners

Versus

Seema Agarwal & Ors. - Respondents

Civil Procedure Code, 1908, Section 100 - Second Appeal - Substantial questions of law - High Court have to formulate substantial questions of law before deciding the second appeal on merits - Impugned judgment of High Court, passed without formulating any substantial question of law, held, not sustainable and set aside - Matter remanded back to the High Court for disposal afresh after formulating substantial questions of law - Appeal disposed of accordingly.

[Para 4]

Cases Referred :-

Gurdev Kaur v. Kaki, (2007) 1 SCC 546.

ORDER

1. Leave granted.

2. We have heard learned senior counsel appearing for the parties at length.

3. We are of the considered view that the High Court ought to have formulated substantial questions of law before proceeding to decide the Second Appeal on merits. This Court in a number of judgments has clearly laid down the principle that the High Court ought to have formulated substantial questions of law before deciding the same on merits. In the case of Gurdev Kaur and Others v. Kaki and Others, (2007) 1 SCC 546, this Court had elaborately dealt with the cases decided by this Court on the same principle.

4. On consideration of the totality of facts and circumstances of this case, in our considered view, the impugned judgment of the High Court cannot be sustained and the same is accordingly set aside and we remit the matter to the High Court for deciding the same afresh after formulating substantial questions of law.

5. Since the matter has remained pending in this Court for quite some time, we request the High Court to dispose of the Second Appeal as expeditiously as possible.

6. To avoid any delay, we direct the parties to appear before the High Court on 17.05.2011.

7. With these observations, this appeal is disposed of, leaving the parties to bear their own costs.

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