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R. MAHADEVAN, J. B. PARDIWALA
Nasim Khan – Appellant
Versus
Kadirul Haq Khan – Respondent
| Table of Content |
|---|
| 1. overview of procedural history and case background. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. substantial questions of law identified by defendants. (Para 7 , 8) |
| 3. issues concerning the identification of the property boundaries. (Para 9 , 12) |
| 4. discussion about the high court's decision-making process. (Para 10 , 11 , 13) |
| 5. final decision: special leave petition dismissed. (Para 14 , 15 , 16) |
ORDER :
1. This petition arises from the judgment and order passed by the High Court of Judicature at Allahabad dated 17-7-2017 in Second Appeal No.1152/90 by which the High Court allowed the Second Appeal filed by the respondents - herein (original defendants) and thereby quashed and set aside the judgment and order passed by the First Appellate Court allowing the suit filed by the petitioners - herein (original plaintiffs).
2. We have heard Mr. Yashvardhan Singh, the learned counsel appearing for the petitioner (original plaintiff) and Mr. Udayaditya Banerjee, the learned counsel appearing for the respondents (original defendants).
3. The plaintiff instituted Original Civil Suit No.47/1977 seeking relief of possession and permanent injunction with respect to the suit property. The suit c
Proper adherence to procedural requirements in second appeals under Section 100 CPC is essential; remand orders must be supported by valid grounds as per Order 41 Rule.
Suit seeking Permanent Injunction – If defendants do not dispute title of plaintiffs then suit should not fail only on the ground that matter has been filed only for injunction simpliciter and no mai....
Violation of procedural norms regarding substantial questions of law under S.100 of the Code of Civil Procedure necessitates setting aside the judgment.
Issues relating to maintainability of suit can be decided as preliminary questions of law.
Second appeal – Section 100 of CPC grants power to High Court to consider a regular Second Appeal only on a substantial question of law.
High Court can decide an issue of fact in a second appeal under Section 100 of Code of Civil Procedure, 1908.
An appellate court must adhere to procedural fairness and cannot introduce new issues without allowing parties to present evidence.
(1) High Court cannot dismiss second appeal in limine without assigning any reasons for its conclusion.(2) For entertaining an appeal under Section 100 of CPC, it is immaterial as to whether it is ag....
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