SHAMBHU NATH JAISWAL Vs. OM PRAKASH

JUDGEMENT

(1.) LEAVE granted. Six second appeals arising out of the judgment dated 17/8/2001 delivered by the 1st Additional District Judge, Deoria disposing of three civil appeals by a common judgment came to be filed in the High Court under S. 100 C.P.C. The appeals were heard on the question of admission by the learned Single Judge of the High Court so as to find out if the appeals involved any substantial question of law within the meaning of S. 100 C.P.C. so as to deserve a hearing by the High Court. The High Court formed1 an opinion that S.A. Nos. 1345 and 1355 of 2001 as also S.A. Nos. 1392 and 1456 of 2001 preferred by Bharat Petroleum Corpn. Ltd. did not involve any substantial question of law. As to S.A. Nos. 1496 and 1453 of 2001 preferred by Mam Chand Kansal, the High Court formed an opinion that these two appeals did involve substantial question of law worth being heard by the High Court. Accordingly, the learned Judge framed the question and admitted these two appeals for hearing on the substantial question of law as formulated by him.

(2.) AS to the four appeals in which the High Court had formed an opinion that they did not involve any substantial question of law, the learned Judge directed in the operative part of the order - "as regards other four appeals, they are connected and therefore no final order is passed in those appeals and only it is held that they do not involve any substantial question of law". The appellants before us, who were respondents in the four appeals in the High Court, have preferred these appeals by special leave.

(3.) ON 10/5/2002 this Court directed limited notice to issue to the respondents calling upon them to show cause why the consequential order of dismissing the appeals, if no substantial question of law arose therein, was not passed by the High Court. The respondents have appeared, shown cause and we have heard the learned counsel for the parties.