Summary
The High Court dismissed the State’s second appeal in an injunction suit concerning land claimed by a society, without addressing the issues or submissions. The Supreme Court found that substantial questions of law arose concerning title and lawful possession. It remanded the second appeal with directions to formulate the questions, notify the parties and decide them on merits, without expressing a merits view.
Issues
- Whether the second appeal could be dismissed without reasoned consideration of the land-title and possession issues.
Provisions considered
- Section 100, Code of Civil Procedure, 1908The High Court was directed to admit the appeal by framing proper substantial questions of law and decide them after notice. (¶¶ 11, 12, 13, 14, 15)
Held
- The dismissal did not discuss the issues, the State’s submissions or the legal basis for treating the concurrent findings as free from challenge. This unreasoned disposal could not stand. (¶¶ 8, 9, 10)
- Questions concerning ownership, the society’s asserted title excluding State rights and the legality of possession required consideration under the governing law, pleadings and evidence. Proper substantial questions of law were to be framed and notified to the respondent. (¶¶ 11, 12, 13, 15)
- The Court expressed no opinion on merits. The High Court was to decide independently and expeditiously after notifying both sides, neither of whom had appeared in the Supreme Court. (¶¶ 16, 17, 18)
Result
Appeal allowed; High Court order set aside; second appeal remanded for admission on formulated substantial questions of law and fresh merits decision after notice.