LAWS(SC)-2000-5-47

TERESINHA FERNANDES Vs. ANTONIA ELIZABETH PIEDADE AQUILES BARRETO

Decided On May 03, 2000
Teresinha Fernandes Appellant
V/S
Antonia Elizabeth Piedade Aquiles Barreto Respondents

JUDGEMENT

(1.) In this appeal the High Court has disposed of the second appeal by observing that no substantial question of law arises out of the judgment of the lower appellate court. The order is a short one which reads as under:

(2.) Having heard learned counsel for the parties at quite some length, we find, from the mere reading of the appellate court's judgment, that three substantial questions of law do arise for consideration of the High Court under Section 100 of the Code of Civil Procedure as under:

(3.) The civil appeal is, therefore, allowed. The impugned order of the high Court is set aside and Second Appeal No. 22 of 1987 is restored to the file of the High Court with a request to redecide the same in accordance with law on the aforesaid three substantial questions of law, after hearing the parties, at its earlier convenience and preferably within a period of four months from the receipt of a copy of this order.