Code of Civil Procedure, 1908 – s.100 – Second appeal involving substantial question of law, dismissed in limine – Propriety of – Appellants-plaintiffs filed suit against respondents-defendants for partition and separate possession of the suit land – Suit decreed by Trial Court – Order set aside by First Appellate Court – Second appeal filed by appellant dismissed by High Court – Held: High Court erred in dismissing the second appeal in limine on the ground that it did not involve any substantial question(s) of law – Document (Ex-A) filed by respondents was relied on by the Courts below for deciding the rights of the parties – Interpretation of any document including its contents or its admissibility in evidence or its effect on the rights of the parties to the lis constitutes a substantial question(s) of law within the meaning of s.100 – Appeal did involve substantial question(s) of law within the meaning of s.100 and, therefore, it should have been admitted for final hearing on the substantial question(s) of law arising in the case – Impugned judgment set aside – Appeal remanded to High Court for decision on merits on the substantial questions of law framed.
Allowing the appeal, the Court
HELD: 1.1 The High Court erred in dismissing the second appeal in limine on the ground that it did not involve any substantial question(s) of law. The appeal did involve substantial question(s) of law within the meaning of Section 100, CPC and, therefore, it should have been admitted for final hearing on the substantial question(s) of law arising in the case. It is not in dispute that the defendants (respondents) filed one document (EX-A)(Annexure-P-1 of SLP). This document was relied on and appreciated by the two Courts below for deciding the rights of the parties. The Trial Court decreed the suit and the First Appellate Court reversed it on appreciating the evidence including EX-A. It is a settled principle of law that interpretation of any document including its contents or its admissibility in evidence or its effect on the rights of the parties to the Lis constitutes a substantial question(s) of law within the meaning of Section 100, CPC. [Paras 12-15][1059-D-G]
1.2 Whenever such question arises in the second appeal at the instance of the appellant, it deserves admission on framing appropriate substantial question(s) on such questions to enable the High Court to decide the appeal on merits bi-party.[Para 16][1059-H]
1.3 The following substantial questions of law arise in the second appeal.
1. Whether findings recorded by the first Appellate court on Ex-A for allowing the defendants’ first appeal and, in consequence, reversing the judgment/decree of the trial court is legally and factually sustainable?
2. What is the true nature of Ex-A? Can it be termed as “partition deed” or a document recognizing a factum of partition already effected between the parties in relation to the suit land?
3. Whether Ex-A binds the plaintiff’s and, if so, how and to what extent?
4. Whether Ex-A requires registration and, if so, its effect?
5. Since Ex-A was exhibited in evidence without any objection, whether any objection about its admissibility or legality can now be raised by the appellants in second appeal and, if so, its effect? [Para 20][1060-C-F]
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.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.