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Supreme Court of India 2021-11-29 allowed

Hasmat Ali vs Amina Bibi & Ors

Bench: 2 — S. Abdul Nazeer

In Brief

A defendant challenged his eviction from a shop in a two-tier appeal that reached the High Court. The High Court dismissed the second appeal in limine (summarily at admission stage) without giving any written reasons. The Supreme Court held that this was improper: when a High Court concludes that a second appeal does not involve a substantial question of law under the Code of Civil Procedure, Section 100, it must assign reasons in its dismissal order. Simply dismissing an appeal without explanation violates natural justice and denies the litigant understanding of why their case was rejected. The Court set aside the High Court's order and remitted the case for fresh consideration with proper reasoned disposal.

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Civil Procedure Appellate Procedure Second Appeal Substantial Question of Law

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