Sarat Chand Mishra Vs.
Kula Nand Ghadiwal & Ors.  INSC 594 (23 March 2009)
JURISDICTION CIVIL APPEAL NOS.1807-1808 OF 2009 (Arising out of S.L.P. (C)
Nos.17787-17788 of 2007) Sarat Chand Mishra ...Appellant(s) Versus Kula Nand
Ghadiwal & Ors. ...Respondent(s) O R D E R Leave granted.
Heard learned counsel
appearing on behalf of the appellant.
In spite of service
of notice, nobody has entered appearance on behalf of the respondents to
contest the prayer made in these appeals.
A perusal of the
impugned orders show that while admitting the second appeal, the High Court
framed two questions of law by terming them as substantial questions of law.
However, the appeal was finally dismissed without any adjudication on those
questions of law. The review application filed by the appellant was also
dismissed. In our view, the High Court's failure to decide the questions of law
framed by it is, by itself, sufficient for setting aside the impugned orders.
appeals are allowed, impugned orders are set aside and the matter is remitted
to the High Court for disposal of the second appeal in accordance with law
after giving opportunity of hearing to the parties.