1999 Supreme(SC) 1348

SUPREME COURT OF INDIA
M. G. HEGDE
Vs.
VASUDEV D. HEGDE
November 18, 1999

The court emphasized the need to strictly adhere to the boundaries of its jurisdiction in a second appeal and highlighted that the 'prima facie perverse and error apparent on the face of the record' cannot be employed as a 'mantra' to permit the court to exceed its jurisdiction.

Headnote:

PERVERSE AND ERROR APPARENT - Court's Power to Set Aside Judgment and Order

Fact of the Case:

The learned Single Judge in regular second appeals concluded that the judgment and decree of the Court below was 'prima facie perverse and error apparent on the face of the record'. The Supreme Court found this conclusion to be contrary to the law and set aside the judgment and order under appeal, restoring the second appeals to the file of the High Court for fresh determination.

Finding of the Court:

The Court found that the learned Single Judge had exceeded the boundaries of its jurisdiction in a second appeal by employing a 'mantra' that cannot permit the court to do what the law enjoins it not to do. The judgment and order under appeal were set aside, and the second appeals were restored to the High Court for fresh determination.

Issues: The main issue was the correctness of the conclusion reached by the learned Single Judge in regular second appeals, which was found to be contrary to the law and the boundaries of its jurisdiction in a second appeal.

Ratio Decidendi: The court's power to set aside a judgment and order when it is found to be 'prima facie perverse and error apparent on the face of the record' was discussed. The court emphasized the need to strictly adhere to the boundaries of its jurisdiction in a second appeal.

Final Decision: The civil appeals were allowed, the judgment and order under appeal were set aside, and the second appeals were restored to the file of the High Court for fresh determination.