RAM SAKHI DEVI Vs. CHHATRA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) Appellant calls in question legality of the judgment rendered by a learned Single judge of the HIGH COURT OF PATNA in Second Appeal in terms of Section 100 of the Code of civil Procedure, 1908 (in short the 'code'). The respondents are the legal heirs of the original plaintiff-Ishraj Narayan Singh. The original plaintiff filed a suit seeking declaration of his title over the suit land and declaration of want of title of Smt. Ram Sakhi Devi, the appellant herein, the defendant No. 3 in the suit. The trial court had decreed the suit but in appeal the First Appellate Court reversed it. The respondents filed the second appeal before the high COURT OF PATNA. By the impugned judgment the High Court restored the judgment and decree of the trial court and set aside the judgment and decree of the First Appellate court.

(3.) Though many points were urged in support of the appeal, the pivotal plea was that the High Court could not have interfered with the judgment and decree of the First appellate Court without framing a substantial question of law as enjoined by Section 100 of the Code. The High Court can only exercise its jurisdiction under Section 100 of the Code in Second Appeal on the basis of substantial question of law framed at the time of admitting appeal. A Second Appeal can be heard and decided only on the basis of substantial question of law, if any. The judgment rendered by the High Court in Second appeal without following the aforesaid procedure is not sustainable in law.