In Brief
In this civil appeal, the Supreme Court examined how the High Court handled a second appeal under Section 100 of the Code of Civil Procedure. The High Court admitted the appeal without explicitly framing any substantial questions of law, heard arguments, and only formulated the questions in its final judgment. The Court held that Section 100(4) mandates the High Court to formulate substantial questions of law before the appeal is heard, and the admission order must specify these questions. The Court set aside the High Court's order and remanded the matter, directing the High Court to reframe and decide the questions of law after hearing the parties again, emphasizing procedural fairness."
The lawyer headnote and full judgment text are available to registered users.