CASE NO.: Appeal (civil) 2901 of 2002 PETITIONER: ARUN CHANDRA DAS MAZUMDAR RESPONDENT: ABDUL NOOR BARBHUIYA (DEAD) BY LRS. & ORS DATE OF JUDGMENT: 26/02/2008 BENCH: H.K. SEMA & MARKANDEY KATJU JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.2901 OF 2002
This appeal is preferred by the defendant. Despite receipt of notice plaintiff-
respondent did not appear.
The sole contention in this appeal is that the High Court in Second Appeal
interfered with the finding of fact recorded by the First Appellate Court without
framing a proper substantial question of law.
In paragraph 6 of the High Court order although it purported to have referred to
some substantial questions of law, what are those substantial questions of law which
have been framed are not disclosed. Instead, the High Court proceeded with the
disposal of the appeal without any framing substantial question of law. Only for this
reason the order of the High Court is set aside. The matter is remitted to the High
Court to hear the Second Appeal afresh after framing substantial question of law as
contemplated under Section 100 C.P.C. If there is no substantial question of law
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involved the High Court may pass appropriate orders as it may deem fit and proper.
Second Appeal is restored to the file of the High Court to dispose of in accordance
with law.
The appeal is allowed accordingly. No costs.