Recently, the Supreme Court stated that the disposal of the second appeal(s) without framing a substantial question of law is unsustainable in law.
The bench of Justices Sanjiv Khanna and Dipankar Datta was dealing with the appeal challenging the judgment dated 13.01.2020 which decided the Regular Second Appeal without framing a substantial question of law.
In this case, the Supreme Court referred to the case of Gurdev Kaur & Ors. vs Kaki & Ors. and stated that the lack of framing a substantial question of law contradicts established legal principles cited in the case.
The bench set aside the said judgment and remanded it to the High Court for a fresh decision on the Regular Second Appeals.
Supreme Court set aside the order which dismissed the review applications. The bench directed the parties to appeal in person or through an authorised representative before the High Court on 29.04.2024.
In view of the above, the Supreme Court dismissed the appeal.
Case Title: Vanitha & Ors. v. Omana & Ors.
Bench: Justices Sanjiv Khanna and Dipankar Datta
Case No.: Diary No. 43166/2023
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