GIAN DASS versus THE GRAM PANCHAYAT, VILLAGE SUNNER KALAN AND ORS.

GIAN DASS versus THE GRAM PANCHAYAT, VILLAGE SUNNER KALAN AND ORS.

The High Court's judgment cannot be maintained because it failed to formulate any substantial question of law as required by Section 100 of the Code of Civil Procedure, 1908, before deciding the second appeal.

Parties
Appellant: Gian Dass; Respondents: The Gram Panchayat, Village Sunner Kalan and Ors.
Jurisdiction
India
Judgment Date
21 July 2006
Procedural Posture
Civil Appeal / Appeal From Judgment of Punjab and Haryana High Court in Regular Second Appeal No. 895/1984
Outcome
Appeal allowed; impugned judgment set aside; matter remitted to High Court for fresh disposal in accordance with law.
Legal Topics
Jurisdiction of Civil Court, Substantial Question of Law, Punjab Village Common Lands (regulation) Act, 1961
Civil Procedure Land Law Jurisdiction of Civil Court Substantial Question of Law Punjab Village Common Lands (regulation) Act, 1961

Case Brief

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Parties

Gian Dass

Appellant

The Gram Panchayat, Village Sunner Kalan and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment of Punjab and Haryana High Court in Regular Second Appeal No. 895/1984

Legal Issues

  1. 1 Whether the High Court can dispose of a second appeal without formulating substantial questions of law as mandated by Section 100 of the Code of Civil Procedure, 1908
  2. 2 Whether the jurisdiction to adjudicate Saunjidar rights vests with the civil court or only with the Collector under Section 11 of Punjab Village Common Lands (Regulation) Act, 1961

Ratio Decidendi

The High Court's judgment cannot be maintained because it failed to formulate any substantial question of law as required by Section 100 of the Code of Civil Procedure, 1908, before deciding the second appeal.

Court Disposition

Appeal allowed; impugned judgment set aside; matter remitted to High Court for fresh disposal in accordance with law.

Orders

  • Impugned judgment of High Court set aside.
  • Second Appeal No. 895 of 1984 remitted to High Court for decision in accordance with law.