26 July 2024 Civil Appeals >> Civil & Consumer Law  

In a recent ruling of Nek Pal & Others v/s Nagar Palika Parishad & Others, the Supreme Court has set aside a judgment delivered by the High Court of Uttarakhand concerning two second appeals. The Supreme Court's decision highlights procedural lapses in how the High Court had handled the appeals, emphasizing adherence to statutory requirements for the adjudication of second appeals.

Background:

The High Court of Uttarakhand had been dealing with two second appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC). During the appeal process, the High Court had initially not formulated substantial questions of law at the time of admitting the appeals. Substantial questions of law are critical in second appeals as they form the basis on which the appeals are finally heard.

Issues Identified:

The Supreme Court identified a procedural irregularity in the High Court's handling of the appeals. Specifically, the High Court proceeded to hear the appeals without having formulated and communicated substantial questions of law to the parties involved. The court had confined its adjudication to certain substantial questions of law during the hearing without formally framing them beforehand or notifying the parties. This lack of adherence to procedural norms, according to the Supreme Court, rendered the High Court’s actions illegal.

Supreme Court’s Order:

1. Restoration and Rehearing: The Supreme Court has set aside the impugned judgment of the High Court and restored the second appeals to the High Court's docket. The appeals are to be reconsidered in light of the procedural lapses identified.

2. Framing of Substantial Questions: The High Court is directed to frame substantial questions of law either as indicated in its earlier judgment or new ones, as deemed necessary. The parties will be given a fair opportunity to argue based on these questions.

3. Listing and Hearing: The restored appeals are to be listed before the High Court's roster Bench on 27th August 2024. The parties involved in the case are required to appear on that date, without the need for further notice from the High Court.

4. Continuation of Interim Relief: Any interim relief that was in place before the impugned judgment will continue to be effective until a final decision is reached in the rehearing.

5. Disposition of Pending Applications: All pending applications, including those related to impleadment, are to be disposed of accordingly.

The Supreme Court’s decision underscores the importance of procedural correctness in the adjudication of second appeals. By remitting the cases back to the High Court, the Supreme Court aims to ensure that the appeals are heard in accordance with the proper legal standards and procedural requirements.