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2018 (5) TMI 1788 - SC - Indian LawsRemand of the case to High Court - Section 100 of the Code of Civil Procedure, 1908 - whether the High Court was justified in allowing the appeal? - Held that:- The need to remand the case to the High Court has occasioned because the High Court while deciding and eventually allowing the second appeal did not follow the mandatory procedure prescribed under Section 100 of the Code of Civil Procedure, 1908 - the manner in which the High Court proceeded to decide the second appeal did not appear to be in conformity with the mandatory procedure prescribed under Section 100 of the Code. The High Court had the jurisdiction to decide the second appeal only on the six 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 six questions framed and not beyond it - Second, the 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". The High Court committed an error because it framed two additional questions in the judgment itself. Having formed an opinion to remand the case, we have refrained from applying our mind to the merits of the case. It is now for the High Court to decide the appeal on merits - appeal allowed - The case is remanded to the High Court for deciding the appeal afresh on merits in accordance with law.
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