M/S. S.B. MINERALS versus M/S. MSPL LIMITED

M/S. S.B. MINERALS versus M/S. MSPL LIMITED

The Supreme Court held that the order admitting second appeal does not amount to a judgment, decree, determination, sentence, or even an order in the traditional sense and does not decide any issue. Section 100(5) CPC allows the respondent to argue at the hearing that no substantial question of law arises. Thus, special leave petition against such an order is not maintainable and should be dismissed.

Parties
Petitioner: S.S. Minerals; Respondent: MSPL Limited
Jurisdiction
India
Judgment Date
23 November 2009
Procedural Posture
Special Leave Petition (civil) / Petition for Special Leave to Appeal Against High Court Order Admitting Second Appeal
Outcome
Petition for special leave to appeal dismissed
Legal Topics
Second Appeal Admission, Substantial Question of Law, Scope of Article 136, Maintainability of Slps
Civil Procedure Constitutional Law Second Appeal Admission Substantial Question of Law Scope of Article 136 Maintainability of Slps

Case Brief

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Parties

S.S. Minerals

Petitioner

MSPL Limited

Respondent

Procedural Posture

Special Leave Petition (civil) / Petition for Special Leave to Appeal Against High Court Order Admitting Second Appeal

Legal Issues

  1. 1 Whether the High Court rightly admitted the second appeal on formulation of substantial questions of law
  2. 2 Whether special leave to appeal is maintainable against an order admitting second appeal

Ratio Decidendi

The Supreme Court held that the order admitting second appeal does not amount to a judgment, decree, determination, sentence, or even an order in the traditional sense and does not decide any issue. Section 100(5) CPC allows the respondent to argue at the hearing that no substantial question of law arises. Thus, special leave petition against such an order is not maintainable and should be dismissed.

Court Disposition

Petition for special leave to appeal dismissed

Orders

  • Special Leave Petition dismissed