In Brief
Surat Singh appealed against a High Court judgment that allowed a second appeal and dismissed a suit by Murti Devi challenging a decree obtained by Siri Bhagwan. The High Court erred procedurally by framing the substantial question of law for the first time in its concluding paragraph rather than at the admission stage as required by Section 100 of the CPC. It also failed to hear Surat Singh (a subsequent purchaser and respondent) before allowing the appeal. The Supreme Court held that Section 100 mandates framing questions at admission after hearing the appellant and before notice to respondents, enabling respondents to object. Framing questions at judgment stage violates statutory procedure, denies respondents due process, and constitutes a jurisdictional error. The Court set aside the judgment and remanded the case for fresh hearing in accordance with law.
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