2009 INSC 1189
                                    SUPREME COURT OF INDIA

                                                 Surat Singh

                                                      Vs.

                                             Hukam Singh Negi

                                           C.A.No.3544 of 2009

                       (B.N.Agrawal, G.S.Singhvi and Dr. B.S. Chauhan JJJ.)

                                                  13.05.2009

                                                   ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. By the impugned order, the High Court has allowed the appeal without framing any
substantial question of law, which is mandatory under Section 100 of the Code of Civil
Procedure, 1908.

4. Accordingly, the appeal is allowed and the impugned order rendered by the High Court is
set aside. Now, the High Court shall consider whether any substantial question of law arises
in the second appeal and then decide the same in accordance with law after giving
opportunity of hearing to the parties.

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