Singh (Dead) & ANR. Vs. Salinder Kaur & Ors.  INSC 566 (30 July
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6125 OF
2010 (Arising out of SLP(C)No.1225 of 2005) KUNDAN SINGH (DEAD) & ANR. ...
APPELLANT(S) VERSUS O R D E R Delay condoned in filing Substitution Application
and refiling the Special Leave Petition.
application is allowed.
appeal is directed against the judgment dated 26.05.2004 delivered in Regular
Second Appeal No.3137 of 1986 by the High Court of Punjab and Haryana at
Chandigarh. The short grievance which has been articulated by learned senior
counsel for the appellant that the learned Single Judge allowed the Second
Appeal without formulating the substantial question of law, which is the basic
requirement of Section 100 of the Code of Civil Procedure.
Court, in a series of judgments have categorically observed that the High
Courts would not be justified in entertaining the Second Appeal without
formulating substantial question of law.
counsel placed reliance on the judgment of this Venkayamma, (2009) 4 SCC p.244
in this regard. In this view of the matter, we are constrained to set aside the
impugned judgment and remit the case to the High Court. The High Court is
requested to 2 decide the appeal expeditiously in accordance with law.
Appeal is, accordingly, disposed of. No costs.
...................J. (DALVEER BHANDARI)
...................J. (DEEPAK VERMA)