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2019 (8) TMI 1793 - SC - Indian LawsMaintainability of second appeal - whether the High Court was justified in dismissing the State's second appeals on the ground that these appeals did not involve any substantial question of law? - HELD THAT:- The case is remanded to the High Court for deciding the second appeals afresh on merits in accordance with law - the need to remand the case to the High Court has arisen because it is found that the second appeals did involve several substantial questions of law for being answered on merits in accordance with law. The High Court was, therefore, not right in so holding. The High Court dismissed the second appeals essentially on the ground that since the two Courts have decreed the suit, no substantial question of law arises in the appeals - It is not the principle of law that where the High Court finds that there is a concurrent finding of two Courts (whether of dismissal or decreeing of the suit), such finding becomes unassailable in the second appeal. As a matter of fact, the suit could not have been tried properly without deciding these questions in the light of the pleadings, evidence and the applicable laws - the High Court, therefore, should have admitted the second appeal by framing appropriate substantial question(s) of law arising in the case and answered them on their respective merits rather than to dismiss the appeals without considering any of the questions raised. The case is remanded to the High Court for deciding the second appeals afresh on merits after framing appropriate substantial questions of law(s) arising in the case - appeal allowed by way of remand.
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