HASMAT ALI versus AMINA BIBI & ORS.

HASMAT ALI versus AMINA BIBI & ORS.

A High Court cannot dismiss a second appeal under Section 100 CPC in limine without assigning reasons; where the High Court gives no reasons for dismissal at the admission stage the order must be set aside and the matter remitted to the High Court for fresh disposal in accordance with law.

Parties
Appellant: Hasmat Ali; Respondents: Amina Bibi & Ors.
Jurisdiction
India
Judgment Date
29 November 2021
Procedural Posture
Civil Appeal to Supreme Court / Challenge to High Court Order Dismissing Regular Second Appeal in Limine; Judgment and Remittal
Outcome
Appeal allowed
Legal Topics
Second Appeal, Section 100 CPC, Order XLII CPC, Admission/dismissal in Limine, Requirement to Record Reasons
Civil Procedure Second Appeal Section 100 CPC Order XLII CPC Admission/dismissal in Limine Requirement to Record Reasons

Case Brief

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Parties

Hasmat Ali

Appellant

Amina Bibi & Ors.

Respondents

Procedural Posture

Civil Appeal to Supreme Court / Challenge to High Court Order Dismissing Regular Second Appeal in Limine; Judgment and Remittal

Legal Issues

  1. 1 Whether a High Court can dismiss a second appeal under Section 100 CPC in limine without assigning reasons
  2. 2 Whether the High Court must formulate a substantial question of law under Section 100(4) and hear the appeal on that question under Section 100(5)
  3. 3 Extent of applicability of Order XLI provisions to second appeals under Order XLII

Ratio Decidendi

A High Court cannot dismiss a second appeal under Section 100 CPC in limine without assigning reasons; where the High Court gives no reasons for dismissal at the admission stage the order must be set aside and the matter remitted to the High Court for fresh disposal in accordance with law.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court dated 31.07.2019 set aside
  • Matter remitted to the High Court for fresh disposal in accordance with law