NON REPORTABLE

    IN THE SUPREME COURT OF INDIA                          CIVIL APPELLATE JURISDICTION

   CIVIL APPEAL NO.5071/2009             (Arising out of SLP (C) No. 22845 of 2008)

Jaskaran Singh  …Appellant

Versus

Punjab State, Ministry of Home & Ors. …Respondent

J U D G M E N T

TARUN CHATTERJEE,J.

1. Leave granted.   

2. This appeal, by way of a Special Leave Petition, is directed  

against  the  Judgment  and  decree  dated  10th of  October,  

2007 of Punjab and Haryana High Court at Chandigarh in  

Regular Second Appeal No. 3661 of 2001, whereby the High  

Court  had  allowed the  Second  Appeal  and  set  aside  the  

Judgment  of  the  Appellate  Court  in  a  suit  for  mandatory  

injunction.   

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3. We  have  heard  the  learned  counsel  for  the  parties  and  

examined the impugned Judgment of the High Court as well  

as the trial Court and also other materials on record.  In our  

view, the Judgment of the High Court is liable to be set aside  

on a very short  question and the Second Appeal  is to be  

sent back to the High Court for fresh disposal in the light of  

the observations made herein below :-    

On a plain reading of the Judgment of the High Court, we  

find that the High Court, without framing the substantial questions  

of law, allowed the second appeal and reversed the Judgment of  

the Appellate Court, which had set aside the Judgment of the trial  

Court dismissing the suit for permanent injunction.  It is now well  

settled by catena of decisions of this Court that the High Court in  

Second Appeal, before allowing the same, ought to have framed  

the substantial questions of law arising between the parties and  

only  thereafter,  to  decide  the  appeal  on  consideration  of  such  

questions of law.   

4. In this appeal,  admittedly,  the second appeal  was allowed  

without  formulating any substantial  questions of law as required  

mandatorily under Section 100 of the Code of Civil Procedure.     

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5. That  being  the  position,  we  set  aside  the  Judgment  and  

decree of the High Court passed in the aforesaid second appeal  

and remit the appeal back to the High Court for fresh decision after  

formulating  the  substantial  questions  of  law  and  thereafter  to  

decide on merits.   

6. For the reasons aforesaid, the Judgment and decree of the  

High Court in the second appeal is set aside.  The Second Appeal  

is restored to its original file.  The High Court is now requested to  

dispose of the same at an early date, preferably within six months  

from the date of supply of a copy of this order to it.   

 7.  The appeal is allowed to the extent indicated above.  There  

will be no order as to costs.  

……………………..J. [Tarun Chatterjee]

New Delhi; ………………………J. August 04, 2009.      [R. M. Lodha ]        

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