PONNAPPAN Vs. VELAYUDHAN RAJAPPAN

JUDGEMENT

(1.) This appeal is directed against the judgment of a Single Judge of the High Court of Kerala at Ernakulam in Second Appeal No.579 of 1995 dated 16th December, 1997. By the impugned order the High Court has set aside the judgments and decree passed by the courts below without framing a substantial question of law, which is a pre-requisite for assumption of jurisdiction by the High Court u/s 100, Code of Civil Procedure.

(2.) We find from the record that the Defendants, Respondents herein, in their grounds of second appeal had framed the following two substantial questions of law:

(3.) The High Court on 19-9-1995 issued notice on the questions of law formulated by the Respondents-Defendants in their grounds of second appeal, referred to above. The High Court, after recording a satisfaction that a question of law is involved, has to formulate the question of law as required u/s 100, Code of Civil Procedure. This apart, the High Court while disposing of the appeal did neither refer to the questions of law formulated by the Respondents nor addressed itself to the questions of law formulated.