High Court can dismiss the second appeal without even formulating the substantial question of law: Supreme Court
The bench comprising of Justice L.Nageswara Rao, Justice Hemant Gupta, Justice Ajay Rastogi has reiterated that when the second appeal is listed for hearing on admission and if the High Court is satisfied that no substantial question of law is involved, it shall dismiss the second appeal without even formulating the substantial question of law in the case of Kirpa Ram (deceased) vs. Surendra Deo Gaur [Civil Appeal no. 8971 of 2010] relying on the case of Ashok Rangnath Magar v. Shrikant Govindrao Sangvikar , (2015) 16 SCC 763.
In the present case, the respondents have filed a suit for declaration challenging the vesting of the said land in Gaon Sabha in a suit filed on 20.7.1959. The said suit was decreed on 7.10.1960 holding that the plaintiffs are owners and Bhumidars of land comprising in Khasra No. 238. Later, the respondents have filed a suit for a permanent injunction on 31.7.1971 claiming that land is owned and possessed by them. But the plaintiff has stated that the said disputed land belongs to him and not others and also stated that the land in dispute does not bear Khasra No. 238 and that it is not situated in the revenue estate of Village Basai Darapur. Instead, the land in dispute bears Khasra No. 79 and is situated in the revenue estate of Village Shakarpur.
In view of this dispute, trial court held that the land belongs to the respondents. Then, the first appeal was filed by the Plaintiff. The High Court followed the judgment of the trial Court. The second Appeal has been filed and The High Court vide judgment dated 25.8.2008 dismissed the second appeal filed by the appellants herein. Aggrieved by the findings of the High Court, Plaintiff is in appeal before this Court and argued that the High Court has dismissed the appeal without framing any substantial question of law which is mandatory in terms of Section 100 of the Code.
It was observed by the Supreme Court as,
“The formulation of a substantial question of law or reformulation of the same in terms of the proviso arises only if there are some questions of law and not in the absence of any substantial question of law. The High Court is not obliged to frame the substantial question of law, in case, it finds no error in the findings recorded by the First Appellate Court.”.
Thus, the matter was disposed of as the Court did not find any error in the judgment and order of the High Court dismissing the Second Appeal without even formulating the substantial question of law.