2009 INSC 0622
                                    SUPREME COURT OF INDIA

                                            Sarat Chand Mishra

                                                      Vs.

                                           Kula Nand Ghadiwal

                                       C.A.Nos.1807-1808 of 2009

                                  (B.N. Agrawal and G.S. Singhvi JJ.)

                                                  23.03.2009

                                                   ORDER

Leave granted.

1. Heard learned counsel appearing on behalf of the appellant.

2. In spite of service of notice, nobody has entered appearance on behalf of the respondents
to contest the prayer made in these appeals.

3. A perusal of the impugned orders show that while admitting the second appeal, the High
Court framed two questions of law by terming them as substantial questions of law.
However, the appeal was finally dismissed without any adjudication on those questions of
law. The review application filed by the appellant was also dismissed. In our view, the High
Court's failure to decide the questions of law framed by it is, by itself, sufficient for setting
aside the impugned orders.

4. Accordingly, the appeals are allowed, impugned orders are set aside and the matter is
remitted to the High Court for disposal of the second appeal in accordance with law after
giving opportunity of hearing to the parties.

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