BIRENDERA KUMAR DUBEY AND ANR. versus GIRJA NANDAN DUBEY AND ORS.

BIRENDERA KUMAR DUBEY AND ANR. versus GIRJA NANDAN DUBEY AND ORS.

The High Court must frame a substantial question of law before deciding a second appeal. Since this was not done, the judgment and decree were set aside.

Parties
Appellant: Birendera Kumar Dubey; Appellant: Anr.; Respondent: Girja Nandan Dubey; Respondent: Ors.
Jurisdiction
India
Judgment Date
31 August 2001
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Second Appeal
Outcome
Appeal allowed
Legal Topics
Second Appeal, Substantial Question of Law, Appellate Jurisdiction
Civil Procedure Second Appeal Substantial Question of Law Appellate Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Birendera Kumar Dubey

Appellant

Anr.

Appellant

Girja Nandan Dubey

Respondent

Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Second Appeal

Legal Issues

  1. 1 Whether the High Court can decide a second appeal without framing a substantial question of law

Ratio Decidendi

The High Court must frame a substantial question of law before deciding a second appeal. Since this was not done, the judgment and decree were set aside.

Court Disposition

Appeal allowed

Orders

  • The judgment and decree under appeal are set aside.
  • The second appeal is restored to the file of the High Court.