Arsad Sk. v. Bani Prosanna Kundu
Background
In a land-title dispute, the High Court reversed two lower courts in a second appeal concerning the boundary description in a conveyance. The defendants challenged that judgment because the substantial legal question had not been formulated when the appeal was admitted. The record showed that the question was framed later and the parties had an opportunity to address it.
Decision Breakdown
The Supreme Court dismissed the appeal without costs. Although a second appeal normally proceeds on a substantial question of law formulated at admission, an exceptional later formulation is possible with notice and a fair opportunity to meet it. The Court found that those safeguards had been provided and that the appellants suffered no prejudice. It therefore refused to invalidate the judgment solely because the question had been identified later.
Lesson Learnt
A procedural omission at an appeal's admission stage does not invariably invalidate the final judgment if it is fairly cured. The affected party must have notice and an opportunity to argue the legal issue.