Pramilla & Ors vs Seema Agarwal & Ors

PRAMILLA & ORS. ... APPELLANTS

VERSUS

SEEMA AGARWAL & ORS. ... RESPONDENTS

O R D E R

Leave granted.

We have heard learned senior counsel appearing for the

parties at length.

We are of the considered view that the High Court ought to

have formulated substantial questions of law before proceeding to

decide the Second Appeal on merits. This Court in a number of

judgments has clearly laid down the principle that the High Court

ought to have formulated substantial questions of law before

deciding the same on merits. In the case of Gurdev Kaur and Others

Vs. Kaki and Others, (2007) 1 SCC p.546, this Court had elaborately

dealt with the cases decided by this Court on the same principle.

On consideration of the totality of facts and

circumstances of this case, in our considered view, the impugned

judgment of the High Court cannot be sustained and the same is

accordingly set aside and we remit the matter to the High Court for

deciding the same afresh after formulating substantial questions of

law.

: 2 :

Since the matter has remained pending in this Court for

quite some time, we request the High Court to dispose of the Second

Appeal as expeditiously as possible.

To avoid any delay, we direct the parties to appear before

the High Court on 17.05.2011.

With these observations, this appeal is disposed of,

leaving the parties to bear their own costs.

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

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

NEW DELHI;

5TH MAY, 2011