In Brief
In this civil appeal, the Supreme Court addressed a procedural defect in how the High Court handled a second appeal. The appellant sought declaration of property rights, confirmation of possession, and injunction relief. The trial court dismissed the suit, but the first appellate court allowed it. The High Court then allowed the defendant's second appeal, admitting six substantial questions of law under Section 100(4) of the Civil Procedure Code but failing to address any of them on merits before deciding the case. The Supreme Court held that this violated procedural law: a second appeal must be decided solely on the framed questions, each addressed on its merits. The Court set aside the High Court's order and remanded the case for fresh hearing of the second appeal in accordance with law.
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