Though the case was placed under the heading “Incomplete After Notice
Matters” but learned counsel for the parties agreed that argument be heard in the
matter.
Leave granted.
Heard learned counsel for the parties.
By the impugned order, High Court allowed the second appeal pending
before it without formulating substantial question of law which is mandatory in case
any substantial question of law arises in such an appeal. As no such question of law
has been framed, impugned order is fit to be set aside on this ground alone.
Accordingly, civil appeal is allowed, impugned order rendered by the High
Court is set aside and the second appeal is remitted to the High Court to be disposed
of afresh after formulating substantial question of law, if any.
[G.S. SINGHVI] New Delhi, October 13, 2008.