VidhiSangh

Supreme Court of India · 18/04/2019

RANJIT KUMAR KARMAKAR @ DULAL KARMAKAR versus HARI SHANKAR DAS

[2019] 6 S.C.R. 150 · 2019 INSC 542

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Summary

The Supreme Court remanded a second appeal because the High Court had reversed the first appellate decree without answering the six substantial questions of law framed at admission. It instead discussed other matters as though exercising first appellate jurisdiction. A second appeal must remain confined to the formulated substantial questions, subject to lawful formulation of additional questions with recorded reasons. The underlying title and possession dispute was left undecided.

Issues

  1. Whether a second appeal could be allowed without answering its formulated substantial questions of law.
  2. What scope remained for additional questions and objections at the hearing.

Held

Result

Appeal allowed. High Court judgment set aside and second appeal remanded for fresh decision on its merits in accordance with law.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 150.