VidhiSangh

Supreme Court of India · 21/01/2025

VIPIN KUMAR versus JAYDEEP & OTHERS

[2025] 1 S.C.R. 1659 · 2025 INSC 169

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Summary

The High Court had allowed a second appeal ex parte, without serving the appellant personally (notice went only to his father) and without framing any substantial question of law. Fraud was also alleged against the plaintiff. The Supreme Court set aside the second appeal judgment, the review order and the order refusing recall, and restored the second appeal to the High Court, holding that its earlier dismissal of an SLP did not bar reconsideration because no merger occurs.

Issues

  1. Whether service of notice of the second appeal on the appellant's father was valid service on the appellant.
  2. Whether the High Court could allow a second appeal under Section 100 CPC without framing a substantial question of law.
  3. Whether the earlier dismissal of SLPs and a review petition by the Supreme Court barred reconsideration of the second appeal where fraud was alleged.
  4. Whether the High Court rightly rejected the appellant's recall application as a second review barred under Order XLVII Rule 9 CPC.

Provisions considered

Held

Result

Appeal allowed. The High Court's orders dated 05.01.2021 and 11.10.2019 and its judgment dated 01.07.2019 were set aside, and the second appeal was restored. Parties were to appear before the High Court on 18.02.2025, which was to frame substantial questions of law and decide the appeal, with liberty to both sides to lead additional evidence in accordance with law. No order as to costs.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1659.