In Brief
A High Court dismissed a second appeal summarily under Order 41 Rule 11 of the Civil Procedure Code without providing reasons or determining whether substantial questions of law arose. The Supreme Court held that when hearing a second appeal, the High Court must first determine whether any substantial question of law exists (as required by Section 100 of the Code). Even if dismissing the appeal, the Court must pass a reasoned order complying with Order 41 Rule 31, which mandatorily requires stating the points for determination, decision, and reasons. The summary dismissal without reasons and without addressing substantial questions of law was held legally unsustainable. The Court set aside the High Court's order and remanded the case for fresh hearing in accordance with law.
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