MADAN LAL Vs. BAL KRISHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Himachal Pradesh High Court in a Second Appeal preferred under Section 100 of the Code of Civil Procedure, 1908 (in short the Code). By the impugned judgment the learned Single Judge set aside the judgments and decrees of the courts below and decreed the suit of the plaintiffs for declaration of title and injunction as prayed for. Though several points were urged in support of the appeal it was basically contended that findings of fact recorded by the two courts were set aside even without formulating question of law much less a substantial question of law.

(2.) Learned counsel for the respondents on the other hand submitted that though specifically the questions of law were not formulated, the High Court has rightly taken note of the legal position as applicable to the factual background and has allowed the appeal.

(3.) In view of Section 100 of the Code the memorandum of appeal shall precisely state substantial question or questions of law involved in the appeal as required under sub-section (3) of Section 100. Where the High Court is satisfied that in any case any substantial question of law is involved it shall formulate that question under sub-section (4) and the second appeal has to be heard on the question so formulated as stated in sub-section (5) of Section 100.