SUPREME COURT OF INDIA

Before:- Ajay Prakash Misra and S.N. Phukan, JJ.

Civil Appeal No. Nil of 1995 (arising out of SLP (C) No. 3524 of 1999). D/d. 28.7.2000.

Gurusiddapa Kumbar - Appellant

Versus

Basavanneppa B. Kumbhar (dead) by L.Rs. and others - Respondents

Civil Procedure Code, 1908, Section 100 - Second Appeal - Remand of Matter - A second appeal can be entertained only on a substantial question of law - Case decided without formulating any substantial question of law - Case remanded back to High Court.

[Para 3]

ORDER

Leave granted.

2. Heard learned counsel for the parties.

3. This Court has repeatedly declared that Section 100 obligates the Court only to hear the Second Appeal on the substantial question of law so formulated and then decide the same. We find the High Court has decided this case without recording whether there is any substantial question of law and without framing the same. Hence the impugned order of the High Court cannot be sustained. Accordingly, we set aside the order dated 9th March, 1998 and send the case back to the High Court for re-deciding it in accordance with law. The High Court shall now examine the case afresh whether there is any substantial question of law or not and if it arises, frame the same and then dispose it of in accordance with law.

4. With the aforesaid observation the appeal succeeds. Costs on the parties.

Appeal allowed.