HARDIAL SINGH versus BALBIR KAUR & ANR.

HARDIAL SINGH versus BALBIR KAUR & ANR.

The impugned High Court judgment of 02.02.2013 was set aside because the High Court proceeded without formulating a substantial question of law as was required to be framed at that time and reappreciated evidence beyond the narrow confines of second appellate jurisdiction; the matter was remanded to the High Court to be decided in accordance with Section 41 of the Punjab Courts Act, 1918 and the relevant precedents.

Parties
Appellant: HARDIAL SINGH; Respondent: BALBIR KAUR & ANR.
Jurisdiction
India
Judgment Date
10 March 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed; impugned judgment set aside and case remanded to the High Court
Legal Topics
Second Appeal, Substantial Question of Law, Section 41 of the Punjab Courts Act, 1918, Section 100 of the Code of Civil Procedure
Civil Procedure Succession Property Second Appeal Substantial Question of Law Section 41 of the Punjab Courts Act, 1918 Section 100 of the Code of Civil Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

HARDIAL SINGH

Appellant

BALBIR KAUR & ANR.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court erred in deciding the second appeal without framing a substantial question of law as understood in 2013
  2. 2 Scope of second appellate jurisdiction of the Punjab and Haryana High Court and applicability of Section 41 of the Punjab Courts Act, 1918
  3. 3 Whether the High Court improperly reappreciated evidence beyond the limited scope of second appeal

Ratio Decidendi

The impugned High Court judgment of 02.02.2013 was set aside because the High Court proceeded without formulating a substantial question of law as was required to be framed at that time and reappreciated evidence beyond the narrow confines of second appellate jurisdiction; the matter was remanded to the High Court to be decided in accordance with Section 41 of the Punjab Courts Act, 1918 and the relevant precedents.

Court Disposition

Appeal allowed; impugned judgment set aside and case remanded to the High Court

Orders

  • Impugned judgment dated 02.02.2013 set aside
  • Case remanded to the High Court of Punjab and Haryana to be decided in accordance with Section 41 of the Punjab Courts Act, 1918