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2002 DIGILAW 775 (SC)

CHAMPAKESWARAR TEMPLE v. GUNABHUSHNAM ALIAS KULLAMMAL

2002-07-09

ASHOK BHAN, V.N.KHARE

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( 1 ) LEAVE granted. ( 2 ) THE short question which arises in these appeals is as to whether the high Court without framing a substantial question of law can decide the second appeal on merits. This Court, on a number of occasions, has held that the High Court under Section 100 CPC acquires jurisdiction to decide the appeal on merits only when it frames a substantial question of law. In these cases, we find that the High Court has not framed any substantial question of law. On this short ground, these appeals deserve to be allowed. Consequently, the order under challenge is set aside and the cases are remitted to the High court to decide the cases in terms of Section 100 CPC. ( 3 ) THE appeals are allowed. There shall be no order as to costs.