Leave granted.
Heard learned counsel appearing on behalf of the appellant.
In spite of service of notice, nobody has entered appearance on behalf of
the respondents to contest the prayer made in these appeals.
A perusal of the impugned orders show that while admitting the second
appeal, the High Court framed two questions of law by terming them as substantial
questions of law. However, the appeal was finally dismissed without any adjudication
on those questions of law. The review application filed by the appellant was also
dismissed. In our view, the High Court’s failure to decide the questions of law
framed by it is, by itself, sufficient for setting aside the impugned orders.
Accordingly, the appeals are allowed, impugned orders are set aside and
the matter is remitted to the High Court for disposal of the second appeal in
accordance with law after giving opportunity of hearing to the parties.
[G.S. SINGHVI] New Delhi, March 23, 2009.