JUGUL KISHORE Vs. SHYAM SUNDER

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned counsel for the respondents.

(2.) At the very outset, it may be noted that the above appeal by means of order dated 17.04.1979 was admitted. However, at the time of admission, no substantial question of law was framed. As per the settled law and also noticed in the recent decision of the Apex Court in the case of Nazir Mohamed Vs. J. Kamala reported in 2020 SCC on line SC page 676, the second appeal can only be heard on substantial question of law.

(3.) In view of the aforesaid, the Court had required the learned counsel for the parties to address the Court on the substantial question of law involved in the above second appeal. It is also to be noticed that the above second appeal is of the year 1979 and had been dismissed for want of prosecution on more than two occasions. There has been repeated order by the court from time to time that the matter shall not be adjourned and the parties come prepared for hearing.