1999 INSC 0660
                                   LAWS(SC)-1999-8-128

  SUPREME COURT OF INDIA

       H.G. Venkataramanaiah
                      Vs.

               Subba Pujari
(S.P.Kurdukar and R.P.Sethi, JJ.)

                30.08.1999

ORDER

S.P.KURDUKAR AND; R.P.SETHI, JJ.

 1. DELAY condoned.
 2. Leave granted
 3. LEAVE granted.Heard learned counsel for the parties. This appeal is directed against the

      judgment and decree dated 2-9-1997 in RSA No. 804 of 1989. The High Court has interfered
      with the findings of fact while exercising jurisdiction under Section 100 CPC. The High Court
      has also not framed any substantial question of law as required to be done under Section
      100 of the Civil Procedure Code. We are, therefore, of the opinion that the impugned
      judgment is unsustainable. We accordingly set aside the impugned judgment and remit the
      matter back to the High Court. We hope the High Court will formulate substantial
      question(s) of law in terms of Section 100 CPC, if any, arises on the records of the case and
      will dispose of the same in accordance with law.

 4. THE appeal is allowed. In the circumstances, no order as to costs. ;