IMPORTANT POINT
Allowing second appeal by formulating substantial question of law and simultaneously answering it at the end of the judgment and without giving opportunity to respondent to object cannot be sustained.

JUDGMENT :

Abhay Manohar Sapre, J.

1. These appeals are directed against the final judgment and order dated 13.12.2006 passed by the High Court of Punjab & Haryana at Chandigarh in Civil Regular Second Appeal No.382 of 1992 whereby the High Court allowed the appeal filed by respondent No.1 herein, set aside the judgment dated 13.11.1986 of the District Judge, Narnaul in Civil Appeal No.83 of 1984 and reversed the judgment dated 16.05.1984 of the Trial Court in Civil Suit No. 315 of 1981. By order dated 22.01.2007, the High Court also dismissed the application (C.M. No.448-C of 2007 in RSA No.382/1992) filed by the appellant herein for recalling the judgment dated 13.12.2006.

2. In order to appreciate the short issue involved in the appeals, few relevant facts need mention infra.

3. One Murti Devi (since dead) and her daughter Smt. Bholi Devi filed Civil Suit No.315/81 in the Court of Sub-Judge, IInd Class, Rewari against one Siri Bhagwan (respondent No.1 herein). The suit was for a declaration that the decree obtained by Siri Bhagwan against Murti Devi on 11.11.1980 in Civil Suit No. 638/1980 in relation to the land measuring 37 Kanals 14 Marlas situated at Village Alampur, Tahsil Rewari, District Mahendergarh be declared null and void and not binding on the plaintiffs because it was obtained by defendant No.1-Siri Bhagwan by playing fraud and misrepresentation on the plaintiff-Murti Devi by taking advantage of her illiteracy and poverty. The defendant No.1-Siri Bhagwan contested the suit.

4. The Trial Court, by judgment/decree dated 16.05.1984 in C.S. No.315 of 1981 dismissed the suit. Felt aggrieved, the plaintiff-Murti Devi, filed first appeal (C.A. No.83 of 1984) before the District Judge. By Judgment/decree dated 13.11.1986, the first Appellate Court allowed the appeal, set aside the judgment/decree of the Trial Court and decreed the plaintiff's suit.

5. Felt aggrieved, defendant No. 1- Siri Bhagwan filed Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") in the High Court of Punjab & Haryana out of which these appeals arise. During the pendency of the second appeal, the appellant herein-Surat Singh purchased the suit land from Murti Devi vide registered sale deed dated 30.07.1988 for Rs.80,000/-.

6. The appellant-Surat Singh then filed an application under Order 1 Rule 10 read with Order 22 Rule 10 of the Code praying therein to become a party respondent along with original plaintiff/respondent No.1 in the second appeal as a subsequent purchaser of the suit land from the plaintiff/respondent No.1, pending litigation.

7. By order dated 04.01.1989, Surat Singh's application was allowed and he was allowed to become a party-respondent in the second appeal. In the meantime, Murti Devi expired. Since one daughter of Murti Devi was already on record as plaintiff No.2 and the other daughter was on record as proforma defendant No. 2, the Lis involved in the appeal continued.

8. By impugned judgment dated 13.12.2006, the Single Judge of the High Court allowed the second appeal, set aside the judgment/decree of the first Appellate Court and restored that of the Trial Court, which resulted in dismissal of the suit filed by Murti Devi and her daughter. Since the impugned judgment dated 13.12.2006 was passed without hearing the appellant herein(respondent No.4 in the High Court), he filed an application under Section 151 read with Order 21 Rule 21 of the Code for recalling the judgment dated 13.12.2006. By order dated 22.01.2007, the High Court dismissed the application. Aggrieved by both the judgment/order dated 13.12.2006 and 22.01.2007, the appellant has filed these appeals by way of special leave in this Court.

9. Therefore, the short question, which arises for consideration in these appeals, is whether the High Court was justified in allowing the second appeal filed by defendant No. 1-Siri Bhagwan (respondent No.1 herein) and thereby was justified in dismissing the plaintiff's suit