KANAILAL & ORS. versus RAM CHANDRA SINGH & ORS.

KANAILAL & ORS. versus RAM CHANDRA SINGH & ORS.

The High Court's summary dismissal of second appeal without setting out facts, submissions, reasons or formulating substantial questions of law, violates Section 100 and Order 41 Rule 31 CPC, rendering its judgment legally unsustainable.

Parties
Appellant: Kanailal & Ors.; Respondent: Ram Chandra Singh & Ors.
Jurisdiction
India
Judgment Date
23 August 2017
Procedural Posture
Civil Appeal / Supreme Court Final Appeal Against High Court's Summary Dismissal
Outcome
Appeal allowed; impugned order set aside; matter remanded to High Court.
Legal Topics
Partition Suit, Appeals, Summary Dismissal, Judgment Requirements
Civil Procedure Partition Suit Appeals Summary Dismissal Judgment Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Kanailal & Ors.

Appellant

Ram Chandra Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal Against High Court's Summary Dismissal

Legal Issues

  1. 1 Whether summary dismissal of second appeal without reasoned order complies with Section 100 and Order 41 Rule 31 of the Code of Civil Procedure

Ratio Decidendi

The High Court's summary dismissal of second appeal without setting out facts, submissions, reasons or formulating substantial questions of law, violates Section 100 and Order 41 Rule 31 CPC, rendering its judgment legally unsustainable.

Court Disposition

Appeal allowed; impugned order set aside; matter remanded to High Court.

Orders

  • Appeal allowed.
  • Impugned High Court order set aside.