Chandra Das Mazumdar Vs. Abdul Noor Barbhuiya (Dead) by LRS. & Ors  Insc
292 (26 February 2008)
Sema & Markandey Katju
O R D
E R CIVIL APPEAL NO.2901 OF 2002
appeal is preferred by the defendant. Despite receipt of notice plaintiff-
respondent did not appear.
sole contention in this appeal is that the High Court in Second Appeal
interfered with the finding of fact recorded by the First Appellate Court
without framing a proper substantial question of law.
paragraph 6 of the High Court order although it purported to have referred to
some substantial questions of law, what are those substantial questions of law
which have been framed are not disclosed. Instead, the High Court proceeded
with the disposal of the appeal without any framing substantial question of
law. Only for this reason the order of the High Court is set aside. The matter
is remitted to the High Court to hear the Second Appeal afresh after framing
substantial question of law as contemplated under Section 100 C.P.C. If there
is no substantial question of law : 2 : involved the High Court may pass
appropriate orders as it may deem fit and proper.
Appeal is restored to the file of the High Court to dispose of in accordance
appeal is allowed accordingly. No costs.
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