IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.769 OF 2009 (Arising out of S.L.P. (C) No.5992 of 2007)

H. David        ...Appellant(s)

Versus

Gopi & Ors.       ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

This  appeal  has  been filed  against  that  portion  of  the  impugned order

dated 19th February, 2006, passed by the High Court whereby Second Appeal No.990

of  2004 filed  by  respondent  No.1  against  the  judgment  and decree  passed  by  the

appellate Court, has been allowed and Civil Revision Petition (NPD) No.1108 of 2004

filed by the  appellant  against  order  dated 18.3.2004 passed by  Sub Judge  in  I.A.

No.1078 of 2003 in O.S. No.46 of 1997 has been dismissed.  It is not in dispute that the

appeal  was  decided at  the  stage  of  final  hearing  without  framing any substantial

question of law. It is well settled that, in a second appeal, the High Court is obliged to

frame a substantial question of law, if any arising therein and only thereafter it can

dispose of the appeal.   Since  that  course  has  not  been  adopted in the

....2/-

- 2 -

present case, the impugned order allowing the second appeal is liable to be set aside.

While  dismissing  the  civil  revision  petition,  the  High  Court  has  not  assigned  any

reason whatsoever. Therefore, that part of the impugned order is also liable to be set

aside.

Accordingly, the appeal is allowed, impugned order in so far as the same

relates to Second Appeal No.990 of 2004 and Civil Revision Petition No.1108 of 2004

is set aside and both the aforesaid cases are remitted to the High Court.  Now the

High Court shall consider whether in the second appeal any substantial question of

law arises or not.  If it comes to the conclusion that substantial question of law does

arise, in that event, it shall frame the same and, thereafter, proceed to dispose of the

appeal in accordance with law.  The civil revision petition shall also be disposed of on

merits after giving opportunity of hearing to the parties.  

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, February 06, 2009.