In Brief
A society filed a suit for permanent injunction against the State of Rajasthan over disputed land. The trial court decreed the suit in the plaintiff's favour; the first appellate court affirmed this. The State filed a second appeal in the High Court, which dismissed it in limine for lack of substantial questions of law without discussing the merits. The Supreme Court held that the High Court erred by dismissing the appeal summarily without framing proper substantial questions of law and without reasoned discussion of the case on facts and law. The Court found that title and possession disputes necessarily involve substantial legal questions. The appeal was allowed and the case remanded to the High Court to decide the second appeal afresh on merits with proper procedure."
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