IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7790 OF 2001

Kanwar Singh & Ors.                       ...Appellant(s)

Versus

Nanbai & Ors.                      ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

By the impugned order, the High Court has dismissed the second appeal  without considering as to whether any substantial question of law arises therein or  

not, which was necessary in view of the provisions engrafted under Section 100 of the  Code of Civil Procedure, 1908.  As such, the appeal is fit to be allowed.

Accordingly,  the appeal is allowed, impugned order is set aside and the  matter is remitted to the High Court.  On remand, the High Court will consider as to  

whether any substantial question of law arises in second appeal and thereafter decide  the same in accordance with law after giving opportunity of hearing to the parties.

No costs.

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

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

New Delhi, July 14, 2009.