VidhiSangh

Supreme Court of India · 29/08/2019

SUDAM KISAN GAVANE (D) THR. LRS. & ORS. versus MANIK ANANTA SHIKKETOD (D) BY LRS. & ORS.

[2019] 12 S.C.R. 70 · 2019 INSC 977

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

Summary

The High Court admitted a second appeal without formulating substantial questions of law, heard arguments and first stated such questions in its judgment. The Supreme Court held that this denied the parties a proper opportunity to address the questions governing the hearing. It set aside the decision and remanded the appeal for rehearing, leaving the merits and the effect of a respondent’s death to the High Court.

Issues

  1. Whether substantial questions of law in a second appeal may first be formulated in the judgment after arguments have concluded.

Provisions considered

Held

Result

Appeal allowed; High Court decision set aside and second appeal remanded for hearing on formulated substantial questions of law, with priority as a 1990 appeal. Merits and the effect of respondent no. 2’s death left to the High Court.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 70.