IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6084 OF 2002

Mehar Singh (Dead) by Lrs. and Ors.     ...Appellant(s)

Versus

Sawan Singh (D) By Lrs. and Ors.     ...Respondent(s)

O  R  D  E  R

This is  an appeal  for setting aside the judgment dated 18.9.2001 of  the  

High Court of Punjab and Haryana, whereby Regular Second Appeal No. 1053 of  1981 filed by the respondents was allowed, decrees of the courts below were set aside  

and the suit for declaration filed by the appellants was dismissed. The Trial Court decreed the suit filed by the appellants and declared that  

order dated 17.9.1975 passed by the Collector for redemption of the mortgage was  nullity.   The  lower  appellate  court  dismissed  the  appeal  of  the  respondents  and  

confirmed the decree passed by the trial court.  When the matter was taken in second  appeal, the learned Single Judge, without framing any question of law, reversed the  

decrees of the trial and lower appellate courts and dismissed the suit. In our view, the High Court  could not have allowed the second appeal  

without framing substantial question of law as per the mandate of Section 100 of the  Code of  Civil  Procedure and on this  ground alone,  the judgment under appeal  is  

liable to set aside. ....2/-

- 2 -

Accordingly, the appeal is allowed, impugned judgment is set aside and the  second appeal is remitted to the High Court, which shall first consider whether any  

substantial  question  of  law arises  in  the  appeal.   If  the  High Court  comes to  the  conclusion that any substantial question of law arises in the second appeal, then it  

shall frame such question and then decide the appeal in accordance with law after  giving opportunity of hearing to the parties.

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

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

......................J.       [DR. MUKUNDAKAM SHARMA]

New Delhi, April 16, 2009.