RANJIT KUMAR KARMAKAR @ DULAL KARMAKAR versus HARI SHANKAR DAS

RANJIT KUMAR KARMAKAR @ DULAL KARMAKAR versus HARI SHANKAR DAS

The High Court's failure to address the six substantial questions of law framed under Section 100(4) CPC and deciding on other issues amounts to a legally unsustainable order. The appeal is allowed and the case is remanded for a fresh decision on the substantial questions of law.

Parties
Appellant Plaintiff: Ranjit Kumar Karmakar @ Dulal Karmakar; Respondent Defendant: Hari Shankar Das
Jurisdiction
India
Judgment Date
18 April 2019
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Second Appeal, Substantial Question of Law, Remand
Civil Procedure Second Appeal Substantial Question of Law Remand

Case Brief

Summary, issues, holding and outcome

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Parties

Ranjit Kumar Karmakar @ Dulal Karmakar

Appellant Plaintiff

Hari Shankar Das

Respondent Defendant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether the High Court erred by not confining its inquiry to the substantial questions of law framed under Section 100(4), Code of Civil Procedure, 1908
  2. 2 Whether the High Court's order is legally sustainable when it did not answer the substantial questions of law on merits

Ratio Decidendi

The High Court's failure to address the six substantial questions of law framed under Section 100(4) CPC and deciding on other issues amounts to a legally unsustainable order. The appeal is allowed and the case is remanded for a fresh decision on the substantial questions of law.

Court Disposition

Appeal allowed

Orders

  • Impugned order of High Court set aside
  • Case remanded to the High Court for decision of second appeal afresh on merits in accordance with law