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Supreme Court of India 2021-11-29 allowed

HASMAT ALI vs AMINA BIBI & ORS

Bench: 2 — S. Abdul Nazeer, Krishna Murari

In Brief

The appellant challenged the High Court's order dismissing his second appeal without assigning reasons. The High Court had confirmed an eviction decree against him. The Supreme Court held that a High Court cannot dismiss a second appeal in limine under Section 100 of the Code of Civil Procedure without recording reasons for its conclusion that the case does not involve a substantial question of law. The Court emphasized that giving reasons is mandatory to demonstrate conscious application of mind and to help the affected party understand why their submissions were rejected. The order was set aside and remitted to the High Court for fresh consideration in accordance with law.

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Civil Procedure Appellate Jurisdiction Second Appeal Substantive Questions of Law Reasons for Judicial Orders

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