IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.1807-1808 OF 2009 (Arising out of S.L.P. (C) Nos.17787-17788 of 2007)

Sarat Chand Mishra        ...Appellant(s)

Versus

Kula Nand Ghadiwal & Ors.       ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel appearing on behalf of the appellant.

In spite of service of notice, nobody has entered appearance on behalf of

the respondents to contest the prayer made in these appeals.

A perusal of the impugned orders show that while admitting the second

appeal, the High Court framed two questions of law by terming them as substantial

questions of law.  However, the appeal was finally dismissed without any adjudication

on those questions of law.  The review application filed by the appellant was also

dismissed.   In  our  view,  the  High  Court’s  failure  to decide the   questions  of  law

framed by it is, by itself, sufficient for setting aside the impugned orders.

Accordingly, the appeals are allowed, impugned orders are set aside and

the  matter  is  remitted  to  the  High  Court  for  disposal  of  the  second  appeal  in

accordance with law after giving opportunity of hearing to the parties.

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

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

New Delhi, March 23, 2009.