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2001 DIGILAW 934 (SC)

Narayana Prabhu Dass Prabhu v. Giri Prabhu R. Prabhu

2001-04-26

K.G.BALAKRISHNAN, S.RAJENDRA BABU

body2001
ORDER This appeal arises out of a judgment of the High Court made in second appeal filed under Section 100 of the Code of Civil Procedure. 2. The contention putforth on behalf of the Appellants is that the second appeal had been allowed without formulation of any question of law much less a substantial question of law. 3. Mr. P. Krishnamurthy, learned Senior Advocate for the respondents submitted that that question of law may not have been formed but substantial questions of law arising in the appeal have been duly considered by the High Court and therefore, the matter will have to be examined on merits rather than short circuiting the matter by a remand. 4. Ratio of several decisions of this Court including titled Batakrushna Das v. Natabar Behera1, Kampaiah (Dead) by LRs. v. Doddanaraiah and Ors.2, Ananta Kalappa Jaratakhane v. Krishtappa and Ors.3, G. Thankamma Amma and Anr. v. N. Raghava Kurup and Ors.4, Prem Bai v. Jnaneshwar Ramakrishna Patange and Ors.5, Baidyanath Bhattacharya and Anr. v. S. Karmakar (Dead) By LRs.6, Shankarepa M. Mutanki v. B.M. Mutanki7, Manorama Thampuratti v. C.K. Sujatha Thampuratti and Ors.8, Govind Das v. Kanhiya Lal and Anr.9, Mohd. Abdul Muqtedar (Dead) By LRs. and Anr. v. Shaikh Fakruddin and Ors.10, Major Singh v. State of Punjab and Ors.11 and Ramavimasam Grandhasama & Ors. v. NSS Karayogam12 is that Section 100(2) is mandatory and must be followed strictly. Hence it is appropriate that we set aside the order made by the High Court and remit the same to the High Court for fresh consideration after formulation of substantial question of law and in accordance with law. The appeal shall stand allowed accordingly. There shall be no order as to costs. Appeal allowed. Matter remitted. **************** Parallel Citations of other Journals : Narayana Prabhu Dass Prabhu & Anr. v. Giri Prabhu R. Prabhu & Ors., 2001(6) Supreme 334 : 2001 (4) CCC 17 00034