SREE KRISHNA ELECTRICALS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These appeals, by way of Special Leave Petitions, are directed against the Judgment and order dated 17th of February, 2000 of the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No. 2094 of 1996, by which the High Court had allowed the Second Appeal and reversed the findings of fact arrived at by the Appellate Court in a suit for permanent injunction.

(2.) We have heard the learned Counsel for the parties and examined the impugned Judgment of the High Court as well as of the Appellate Court and the trial Court and also other materials on record. In our view, these appeals have to be sent back to the High Court for fresh disposal in the light of the observations made hereinbelow.

(3.) 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.