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Ram Chand (D) Th. L.Rs. v. Udai Singh @ Daya Ram

Civil Appeal · 2017 INSC 802Decided 24 Aug 2017
Civil Appeal Nos. 11107-11108 of 2017
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

The dispute concerned agricultural land in Haryana, with the plaintiff (Ram Chand, later represented by his legal heirs) claiming ownership by inheritance from one Hiri, while the defendants claimed ownership under a Will executed by the land's earlier owner. The trial court decreed the suit in the plaintiff's favour (with only symbolic possession, since a tenant was in occupation), and the District Judge affirmed this on first appeal. On cross second appeals to the Punjab & Haryana High Court, the High Court dismissed the plaintiff's second appeal and allowed the defendants' second appeal, effectively dismissing the suit, without framing any substantial question of law as required for admitting a second appeal.

Decision Breakdown

The Supreme Court held that under Section 100 of the Code of Civil Procedure, a High Court cannot decide a second appeal without first formulating the "substantial question of law" involved, doing so is illegal and an abdication of its statutory duty, as settled by the three-judge bench ruling in Santosh Hazari vs. Purushottam Tiwari (2001). Since the High Court's impugned common judgment had merely noted the parties' submissions without identifying or framing any such question, it was legally unsustainable. The Court allowed the appeals, set aside the High Court's judgment, and remanded the second appeals to the High Court to be decided afresh in accordance with law, following the Santosh Hazari principle.

Lesson Learnt

A second appeal in a civil case can only proceed, and be decided, after the High Court has expressly framed the "substantial question of law" at the heart of the case, skipping this step makes the decision void regardless of which side it favoured, and the case must go back to be heard properly.

Official source (sci.gov.in)View Judgment (PDF)

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