In Brief
In this case, the Supreme Court examined whether a High Court can grant interim relief in a second appeal before formulating a substantial question of law as required by Section 100 CPC. The High Court had initially granted a stay order in an appeal involving dispute over a temple property but later vacated it on procedural grounds. The Supreme Court upheld the High Court's decision, holding that formulation of a substantial question of law is a mandatory condition precedent to admission of a second appeal. The Court ruled that interim orders cannot be passed before this formulation, even in grave circumstances, as the discretion to grant interim relief is subject to the requirements of Section 100 CPC. The appeal was dismissed and the High Court was directed to properly admit the second appeal if it found a substantial question of law.
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