RAMAVILASOM GRANDHASALAAND ORS.versusN.S.S. KARAYOGAM

               RAMAVILASOM GRANDHASALAAND ORS.                                     A
                                v.
                       N.S.S. KARAYOGAM

                                 MAY 5, 2000

               [V.N. KHARE AND N. SANfOSH HEGDE, JJ.]                              B

       Code of Civil Procedure, 1908 :

       S. 100-High Court deciding second appeal without fonnulating any
substantial question of law as required under sub-section (4) of s. JOO-Held,      C
High Court is required to frame substantial question of law and only then it
acquires jurisdiction to decide second appeal on merits-Judgment of High
Court set aside-Matter sent back to it to decide appeal after framing substan-
tial question of law.

       CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3269 of 2000.               D

      From the Judgment and Order dated 19 .12.98 of the Kerala High Court
in S.A. No. 1155 of 1989.

       S.V. Rajan, C.N. Sree Kumar and P. Sureshan for the Appellant.
                                                                                   E
       T.L.V. Iyer and Remesh Babu M.R. for the Respondent.

       The following Order of the Court\was delivered :

       Leave granted.                                                              F
       The plaintiff-respondent filed a suit for declaration and possession. The
 said suit was dismissed. An appeal against the said decree was also dismissed.
 Thereafter the plaintiff-respondent filed a second appeal before the High
 Court. The High Court without formulating any substantial question of law,
 as required un~er sub-section (4) of Section 100 of Code of Civil Procedure       G
 allowed the second appeal and decreed the suit. It is against the said judgment
 the defendant-appellant is in appeal. This Court on more than one occasion
.has held that under sub-secti?n (4) of Section 100 of Code of Civil Procedure,
 the High Court is required to frame substantial question of law and only then
 it acquires jurisdiction to decide a Second Appeal on merits. In this case the    H
                                     1151
    . 1152                    SUPREME COURT REPORTS                 [2000] 3 S.C.R.
A    High Court without framing any substantial question of law has allowed the
     appeal and this in itself is a sufficient ground to set aside the judgment under
     appeal. We, accordingly, set aside the judgment under appeal and send the
     matter back to the High Court to decide the appeal only after framing
     substantial question of law which may arise in the case.
B         The appeal is allowed. The High Court may decide the matter as
     expeditiously as possible. No costs.

     R.P.                                                          Appeal allowed.