SUPREME COURT OF INDIA

Before:- M. Jagannadha Rao and D.P. Mohapatra, JJ.

Civil Appeal No. 1530 of 2000 (arising out of SLP (C) No. 15417 of 1999). D/d. 21.2.2000.

Batakrushna Das - Petitioner

Versus

Natabar Behera - Respondent

Civil Procedure Code, 1908, Section 100 - Second appeal - Substantial question of law - It is mandatory for the High Court to frame substantial question of law for entertaining a second appeal - Case remanded for fresh disposal to the High Court.

[Para 4]

ORDER

Leave granted.

2. The High Court in Second Appeal has set aside the judgment of the First Appellate Court and restored the judgment and decree of the trial Court.

3. Learned counsel for the appellant submits that the High Court has not framed any substantial question of law and has proceeded to dispose of the Second Appeal and it has reversed the judgment of the Appellate Court.

4. According to the judgments of this Court, it is mandatory for the High Court to frame a substantial question of law and then only to consider whether the appellant has a good case on the said question of law. As this has not been done, we set aside the judgment of the High Court and remit the matter to the High Court for fresh disposal for framing a substantial question of law and disposing of the appeal under Section 100 of the Civil Procedure Code in accordance with law. We make it clear that we are not to be understood as having said anything on the merits of the case.

5. The appeal is accordingly remitted to the High Court. We request the High Court to take up the matter at an early date, preferably within three months from the date of receipt of this order. The appeal is disposed of accordingly.

Order accordingly.