2004 INSC 0727
                                    SUPREME COURT OF INDIA

                                                 Roop Narain

                                                      Vs.

                                                  Murlidhur

                                           C.A.No.4143 of 2004

                              (Shivaraj V. Patil and B. N. Srikrishna JJ.)

                                                 16.07.2004

                                                   ORDER

The Order of the Court is as follows

1. Heard the learned counsel for the petitioners.

2. Leave granted.

3. On 13th October, 2003, notice was issued stating that the matter may be remitted to the
High Court by setting aside the impugned order.

4. The respondents are neither present nor represented.

5. The learned counsel for the appellants contended that the High Court committed a serious
error in disposing of the second appeal on merits without considering whether any substantial
question or questions of law arose for consideration between the parties, as mandatorily
required under Section 100 of the Code of Civil Procedure, 1908. We find force in this
submission, having perused the impugned order. The High Court has disposed of the second
appeal without considering whether any substantial question or questions of law arose for
consideration between the parties. Under the circumstances, without expressing one way or
the other on the merits of the contentions raised, we allow this civil appeal, set aside the
impugned order and remit the second appeal to the High Court for consideration and
formulation of substantial question or questions of law, if any, arise for consideration
between the parties and then to dispose of the second appeal.

6. No costs.

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