JASKARAN SINGH Vs. PUNJAB STATE MINISTRY OF HOME

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by way of a Special Leave Petition, is directed against the Judgment and decree dated 10th of October, 2007 of Punjab and Haryana High Court at Chandigarh in Regular Second Appeal No. 3661 of 2001, whereby the High Court had allowed the Second Appeal and set aside the Judgment of the Appellate Court in a suit for mandatory injunction.

(3.) We have heard the learned counsel for the parties and examined the impugned Judgment of the High Court as well as the trial Court and also other materials on record. In our view, the Judgment of the High Court is liable to be set aside on a very short question and the Second Appeal is to be sent back to the High Court for fresh disposal in the light of the observations made herein below :- On a plain reading of the Judgment of the High Court, we find that the High Court, without framing the substantial questions of law, allowed the second appeal and reversed the Judgment of the Appellate Court, which had set aside the Judgment of the trial Court dismissing the suit for permanent injunction. It is now well settled by catena of decisions of this Court that the High Court in Second Appeal, before allowing the same, ought to have framed the substantial questions of law arising between the parties and only thereafter, to decide the appeal on consideration of such questions of law.