Summary
The Supreme Court set aside dismissal of a partition second appeal at admission and remanded it on five substantial questions of law concerning Ex-A. Both lower courts had relied on that document while reaching opposite results. Its interpretation, admissibility and effect on the parties’ rights warranted examination under section 100 CPC. The Court left the document’s nature, registration requirement, binding effect and consequences of its admission without objection open for the High Court, preferably within six months.
Issues
- Whether questions concerning Ex-A required admission and adjudication of the second appeal.
- Which questions should be determined on remand.
Held
- Interpretation of the document, its contents, admissibility and effect on the parties’ rights presented substantial questions of law in the case. Both lower courts had considered Ex-A, with the first appellate court reversing the trial decree; the High Court should not have dismissed the second appeal in limine. (¶¶ 14, 15, 16, 17, 18)
- The remand questions concerned sustainability of the first appellate findings on Ex-A; whether it effected partition or recorded an earlier partition; whether and how it bound the plaintiffs; whether registration was required and with what effect; and whether admission without objection precluded later objections. The Supreme Court did not answer these merits questions. (¶¶ 20, 21, 22)
- The High Court was to decide the second appeal independently on the framed questions, preferably within six months because of its age. (¶¶ 21, 22, 23)
Result
Appeal allowed; High Court judgment set aside and second appeal remanded for decision on the five framed substantial questions, preferably within six months. No merits determination or restoration of the partition decree was ordered.