Kundan Singh(Dead) & Anr vs Salinder Kaur & Ors

KUNDAN SINGH (DEAD) & ANR. ... APPELLANT(S)

VERSUS

SALINDER KAUR & ORS. ... RESPONDENT(S)

O R D E R

Delay condoned in filing Substitution Application and

refiling the Special Leave Petition.

Substitution application is allowed.

Leave granted.

This appeal is directed against the judgment dated

26.05.2004 delivered in Regular Second Appeal No.3137 of 1986 by

the High Court of Punjab and Haryana at Chandigarh. The short

grievance which has been articulated by learned senior counsel for

the appellant that the learned Single Judge allowed the Second

Appeal without formulating the substantial question of law, which is

the basic requirement of Section 100 of the Code of Civil Procedure.

This Court, in a series of judgments have categorically observed

that the High Courts would not be justified in entertaining the

Second Appeal without formulating substantial question of law.

Learned counsel placed reliance on the judgment of this

Court in Koppisetty Venkatratnam (D) through LRs Vs. Pamarti

Venkayamma, (2009) 4 SCC p.244 in this regard. In this view of the

matter, we are constrained to set aside the impugned judgment and

remit the case to the High Court. The High Court is requested to 2

decide the appeal expeditiously in accordance with law.

The Civil Appeal is, accordingly, disposed of. No costs.

...................J. (DALVEER BHANDARI)

...................J. (DEEPAK VERMA)

NEW DELHI;

30TH JULY, 2010