Code of Civil Procedure, 1908 – s.100 – Substantial question of law – Suit filed by respondent-society against the State and its authorities seeking permanent injunction against appellants restraining them from interfering in the respondent’s possession over the suit land – Trial court decreed the suit – State’s appeal dismissed – High Court also dismissed State’s appeal on the ground that the appeal did not involve any substantial question of law – On appeal, held: High Court did not assign any reasons while dismissing the appeal nor discussed the case on facts or law – Even the cursory reading of the judgments of the trial court and the first appellate court showed that the second appeal did involve substantial question of law – Therefore, the second appeal should have been admitted for final hearing by framing proper substantial question of law arising in the case under s.100 for its final disposal – Matter remitted to High Court for consideration afresh.
Allowing the appeal and remitting the matter to High Court, the Court
HELD: The High Court did not discuss nor dealt with any issues arising in the case nor dealt with any submissions urged by the appellant with a view to show as to how and on what basis the findings impugned in the second appeal were bad in law and why the appeal did not involve any substantial question(s) of law. This Court cannot countenance such casual approach of the High Court in disposing of the second appeal, which does not decide nor deals with any issue(s) arising in the case. The dispute involved in the second appeal related to the State land and its title and possession. It should have been adjudicated in the light of legal principle applicable to the case, pleadings and evidence. [Paras 9, 10 and 12][61-E-F; 62-A-B]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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