In Brief
The Supreme Court set aside a High Court order allowing second appeals in property dispute cases, finding the High Court had exceeded its jurisdiction. Under the Code of Civil Procedure, 1908, section 100, a High Court must frame substantial questions of law before allowing a second appeal and interfering with lower court judgments. The High Court had allowed the appeals without framing any such questions. The Court held this was a fundamental jurisdictional error. The appeals were allowed and remanded to the High Court with directions to first frame the substantial questions of law before deciding the second appeals on merits.
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