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Civil · Reportable judgment

Vipin Kumar vs Jaydeep & Others

Court
Supreme Court of India
Date
21 January 2025
Case No.
Civil Appeal No. 2225 of 2025
Result
Allowed
Bench
B.V. Nagarathna, Satish Chandra Sharma
Citation
[2025] 1 S.C.R. 1659 : 2025 INSC 169
Acts & Sections
CPC Right to Information Act, 2005
Supreme Court Reports [2025] 1 S.C.R. 1659 : 2025 INSC 169
Issue for consideration
Whether there has been a miscarriage of justice as the second appeal was allowed ex parte without hearing the appellant and without framing any substantial questions of law.
Headnote

Civil Procedure Code, 1908 – s.100 – Second appeal (S.A. No.140/2016) was allowed ex parte vide order dated 01.07.2019 without hearing the appellant-defendant no.3 and without formulating any substantial question of law – Review thereagainst was dismissed vide order dated 11.10.2019 – By way of the impugned order, High Court rejected the application seeking recall of the said order:

Held: Appellant who was the successful defendant before the Trial Court as well as the first Appellate Court was not served in the second appeal by the High Court in S.A. No.140/2016 which was filed by the respondent no.1-plaintiff – There has been a miscarriage of justice as the appellant was not heard in second appeal and it was allowed without framing any substantial question of law at all – Therefore, there has been an error in passing of the judgment dated 01.07.2019 by the High Court in S.A. No.140/2016 – Further, the dismissal of the Special Leave Petition (Civil) No.41568/2019, filed against the judgment in the Second Appeal, as well as the Review Petition (Diary) No. 56394/2024 by this Court would not come in the way of the reconsideration of the second appeal by the High Court – In the peculiar facts of this case, the impugned order dated 05.01.2021, 11.10.2019 and judgment dated 01.07.2019 are set aside – S.A. No.140/2016 is restored on the file of the High Court. [Paras 27-30]

Keywords: Second appeal · Substantial question of laws not framed · Second appeal allowed ex parte · Miscarriage of justice · Dealership/ distributorship · Rajiv Gandhi Rural LPG Gas Distributor · Domicile certificate · Second Review Petition · Fraud · Non-speaking or speaking order · Doctrine of merger · Order refusing special leave to appeal

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Nagarathna, J. Leave granted. 2. Being aggrieved by the order dated 05.01.2021 passed by the High Court of Uttarakhand in MCC No.12090 of 2021 by which the application seeking recall of the order dated 11.10.2019 (passed in Review Application No.708/2019 which was filed in S.A. No.140/2016 which appeal was allowed by order dated 01.07.2019) was rejected, the appellant has preferred this appeal. 3. Briefly stated the facts of the case are as under. For the sake of convenience, the parties are referred to in terms of their status and position before the Trial Court while narrating t
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