Digambar Vs. Trimbak
 INSC 1713 (13 October 2008)
JURISDICTION CIVIL APPEAL NO.6086 OF 2008 (Arising out of S.L.P. (C)
No.8039/2007) Digambar ...Appellant(s) Versus Trimbak ...Respondent(s) O R D E
R Though the case was placed under the heading "Incomplete After Notice
Matters" but learned counsel for the parties agreed that argument be heard
in the matter.
Heard learned counsel
for the parties.
By the impugned
order, High Court allowed the second appeal pending before it without
formulating substantial question of law which is mandatory in case any
substantial question of law arises in such an appeal. As no such question of
law has been framed, impugned order is fit to be set aside on this ground
appeal is allowed, impugned order rendered by the High Court is set aside and
the second appeal is remitted to the High Court to be disposed of afresh after
formulating substantial question of law, if any.