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2000 Supreme(SC) 11
2000(4) Supreme 766
SUPREME COURT OF INDIA
S.B. Majmudar & D.P. Mohapatra, JJ.
Ananta Kalappa Jaratakhane -Appellant
versus
Krishtappa & Anr. -Respondents
Civil Appeal No. 1 of 2000
(Arising out of SLP (C) No. 18008 of 1998)
Decided on 3-1-2000
Headnote:Code of Civil Procedure, 1908-Section 100-Second appeal-Scope of jurisdiction limited-Procedure prescribed has to be followed-High Court failed to keep in view limited jurisdiction and not followed procedure prescribed-Judgment set aside to re-decide. (Para 3)
ORDER
Leave granted.
2. We have heard learned counsel for the parties finally in this appeal.
3. As respondent No. 1 is the only contesting party his learned counsel is heard on merits. Having carefully gone through the judgment under appeal we find that with respect the learned Judge while deciding the Second Appeal had not kept in view the limited jurisdiction and the procedure required to be followed under Section 100, Code of Civil Procedure (C.P.C.). To say the least the judgment under appeal is totally unsustainable. Only on this short ground and without going further into the merits of the matter this appeal is allowed. The judgment and order in Second Appeal No. 609 of 1996 are set aside and the Second Appeal is restored to the file of the High Court with a request to re-decide the same in accordance with law after following the procedure and in the light of limited jurisdiction available under Section 100, C.P.C. As the Second Appeal is of 1996 the High Court may make it convenient to dispose of the same at the earliest.
4. No costs.
(C.R.) Order accordingly.
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