(2018-2) PUNJAB LAW REPORTER 588 (S.C.)

 

Code of Civil Procedure, 1908, Section 100 – Regular Second Appeal  -  High Court had the jurisdiction to decide the second appeal only on the substantial questions of law framed at the time of admitting the appeal - In other words, the jurisdiction of the High Court to decide the second appeal was confined only to the questions framed and not beyond it  - High Court admitted the second appeal and framed six substantial questions of law as required under sub­sections (1) and (4) of Section 100 of the Code - High Court was, therefore, required to decide the second appeal only on the six formulated substantial questions of law as provided under sub­section (5) of Section 100 of the Code - High Court instead of deciding the second appeal on these six substantial questions of law framed at the time of admission allowed the appeal on two additional substantial questions of law which were neither framed by the High Court at the time of admission of the second appeal nor at the time of hearing the second appeal - Committed two jurisdictional error while deciding the second appeal - First, though it rightly framed six substantial questions of law at the time of admission of the appeal but erred in not answering these questions – Second, High Court though had the jurisdiction to frame additional question(s) by taking recourse to proviso to sub­section(5) of Section 100 of the Code but it was subject to fulfilling the three conditions, first "such questions should arise in the appeal", second, "assign the reasons for framing the additional questions" and third, "frame the questions at the time of hearing the appeal" - High Court committed an error because it framed two additional questions in the judgment itself -  Matter remanded.

 

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