In Brief
The Supreme Court set aside a High Court judgment in a Second Appeal concerning disputed religious property in Uttarakhand. The dispute involves whether a property transfer violated the Hindu Public Religious Institution Act, 1962. The Court found that the High Court violated Section 100 of the Civil Procedure Code by not formulating the substantial questions of law at the time of admitting the appeal—a mandatory procedural requirement. Instead, the High Court only formulated these questions during arguments without prior notice to the parties. The Court set aside the judgment, restored the Second Appeals to the High Court, and directed it to properly frame the questions and rehear the matter, keeping all issues open for full consideration.
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