Pramilla & Ors. Vs.
Seema Agarwal & Ors.
O R D E R
We have heard learned
senior counsel appearing for the parties at length. We are of the considered
view that the High Court ought to have formulated substantial questions of law before
proceeding to decide the Second Appeal on merits. This Court in a number of judgments
has clearly laid down the principle that the High Court ought to have formulated
substantial questions of law before deciding the same on merits. In the case of
Gurdev Kaur and Others Vs. Kaki and Others, this Court had elaborately dealt
with the cases decided by this Court on the same principle.
On consideration of the
totality of facts and circumstances of this case, in our considered view, the impugned
judgment of the High Court cannot be sustained and the same is accordingly set
aside and we remit the matter to the High Court for deciding the same afresh
after formulating substantial questions of law. Since the matter has remained pending
in this Court for quite some time, we request the High Court to dispose of the
Second Appeal as expeditiously as possible. To avoid any delay, we direct the
parties to appear before the High Court on 17.05.2011. With these observations,
this appeal is disposed of, leaving the parties to bear their own costs.