VidhiSangh

Supreme Court of India · 11/05/2018

VIJAY ARJUN BHAGAT & ORS. versus NANA LAXMAN TAPKIRE & ORS.

[2018] 4 S.C.R. 452 · 2018 INSC 491

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside a second-appeal judgment for non-compliance with Section 100 CPC. The High Court had failed to answer the six substantial questions framed at admission and decided the appeal on two additional questions introduced only in its judgment. Although additional questions may be framed for recorded reasons at the hearing, parties must have an opportunity to address them. The matter was remitted for fresh, expedited decision without any view on the property dispute’s merits.

Issues

  1. Whether the High Court could decide a second appeal on additional substantial questions formulated only in the final judgment.
  2. What procedure and hearing safeguards govern additional questions under Section 100 CPC.

Provisions considered

Held

Result

Appeal allowed. High Court judgment set aside; second appeal remanded for fresh, expedited decision on merits in accordance with law, without influence from the Supreme Court’s observations.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 452.