In Brief
The Supreme Court set aside a High Court judgment that allowed a second appeal in a civil property dispute. The High Court had admitted the appeal on six substantial questions of law but then decided it on two entirely different questions, framed only in the judgment itself, without assigning reasons. The Court held that under Section 100 of the Code of Civil Procedure, 1908, the High Court's jurisdiction in a second appeal is strictly limited to the questions formally framed at the admission stage. Additional questions may be considered only if framed at the hearing stage with reasons assigned. The High Court's procedure violated this mandatory requirement and natural justice. The appeal was allowed and the case remanded for reconsideration on the merits by the High Court on the originally framed questions."
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