Jaskaran
Singh Vs. Punjab State, Ministry of Home & Ors. [2009] INSC 1370 (4 August
2009)
Judgment
IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5071/2009
(Arising out of SLP (C) No. 22845 of 2008) Jaskaran Singh ...Appellant Versus
Punjab State, Ministry of Home & Ors. ...Respondent
TARUN
CHATTERJEE,J.
1.
Leave granted.
2.
This appeal, by way of a Special Leave Petition, is directed
against the Judgment and decree dated 10th of October, 2007 of Punjab and
Haryana High Court at Chandigarh in Regular Second Appeal No. 3661 of 2001,
whereby the High Court had allowed the Second Appeal and set aside the Judgment
of the Appellate Court in a suit for mandatory injunction.
3.
We have heard the learned counsel for the parties and examined the
impugned Judgment of the High Court as well as the trial Court and also other
materials on record. In our view, the Judgment of the High Court is liable to
be set aside on a very short question and the Second Appeal is to be sent back
to the High Court for fresh disposal in the light of the observations made
herein below :- On a plain reading of the Judgment of the High Court, we find
that the High Court, without framing the substantial questions of law, allowed
the second appeal and reversed the Judgment of the Appellate Court, which had
set aside the Judgment of the trial Court dismissing the suit for permanent
injunction. It is now well settled by catena of decisions of this Court that
the High Court in Second Appeal, before allowing the same, ought to have framed
the substantial questions of law arising between the parties and only
thereafter, to decide the appeal on consideration of such questions of law.
4.
In this appeal, admittedly, the second appeal was allowed without
formulating any substantial questions of law as required mandatorily under
Section 100 of the Code of Civil Procedure.
5.
That being the position, we set aside the Judgment and decree of
the High Court passed in the aforesaid second appeal and remit the appeal back
to the High Court for fresh decision after formulating the substantial
questions of law and thereafter to decide on merits.
6.
For the reasons aforesaid, the Judgment and decree of the High
Court in the second appeal is set aside. The Second Appeal is restored to its
original file. The High Court is now requested to dispose of the same at an
early date, preferably within six months from the date of supply of a copy of
this order to it.
7.
The appeal is allowed to the extent indicated above. There will be
no order as to costs.
..........................J. [Tarun Chatterjee]
...........................J.
New Delhi;
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