SUPREME COURT OF INDIA

Before:- S.P. Kurdukar and R.P. Sethi, JJ.

Civil Appeal No. 4879 of 1999. (Arising out of SLP (C) No. 2830 of 1999) D/d. 30.8.1999.

H.G. Venkataramanaiah - Appellant

Versus

Subha Pujari(dead) by LRS. - Respondents

Civil Procedure Code, 1908, Section 100 - Appeal - High Court interfering with the findings of fact without formulating any substantial question of law - Impugned judgment unsustainable - Case remitted.

[Para 3]

ORDER

S.P. Kurdukar, J. - Delay condoned.

2. Leave granted.

3. Heard learned counsel for the parties. This appeal is directed against the judgment and decree dated 2-9-1997 in RSA No. 804 of 1989. The High Court has interfered with the findings of fact while exercising jurisdiction under Section 100 Civil Procedure Code. The High Court has also not framed any substantial question of law as required to be done under Section 100 of the Civil Procedure Code. We are, therefore, of the opinion that the impugned judgment is unsustainable. We accordingly set aside the impugned judgment and remit the matter back to the High Court. We hope the High Court will formulate substantial question(s) of law in terms of Section 100 Civil Procedure Code, if any, arises on the records of the case and will dispose of the same in accordance with law.

4. The appeal is allowed. In the circumstances, no order as to costs.

Appeal allowed.