RAMESHWAR DAYAL MANGALA @ RAMESH CHAND versus HARISH CHAND & ANR.

RAMESHWAR DAYAL MANGALA @ RAMESH CHAND versus HARISH CHAND & ANR.

Since the High Court did not formulate or hear the second appeal on any substantial question of law, the judgment cannot be maintained and is set aside.

Parties
Appellant: Rameshwar Dayal Mangala @ Ramesh Chand; Respondent: Harish Chand; Respondent: Anr.
Jurisdiction
India
Judgment Date
18 March 2009
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of High Court, Punjab & Haryana
Outcome
Appeals allowed; judgment set aside; matter remitted to the High Court for rehearing according to law.
Legal Topics
Second Appeal, Mandatory Injunction, Substantial Question of Law
Civil Procedure Second Appeal Mandatory Injunction Substantial Question of Law

Case Brief

Summary, issues, holding and outcome

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Parties

Rameshwar Dayal Mangala @ Ramesh Chand

Appellant

Harish Chand

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of High Court, Punjab & Haryana

Legal Issues

  1. 1 Whether the High Court decided the second appeal without formulating and hearing on a substantial question of law as required by Section 100 CPC.

Ratio Decidendi

Since the High Court did not formulate or hear the second appeal on any substantial question of law, the judgment cannot be maintained and is set aside.

Court Disposition

Appeals allowed; judgment set aside; matter remitted to the High Court for rehearing according to law.

Orders

  • Impugned judgment of the High Court set aside.
  • Matter remitted to the High Court for decision in accordance with law as per observations in the Supreme Court judgment.