SC: Cases to be remanded to High Court where it  fails in framing any substantial question of law

The  Supreme Court  of  India on  11.09.2018, in Narayana Gramani & Ors. v Mariammal & Ors. allowed the appeal filed by the plaintiffs while setting aside the judgement passed by High Court Court in allowing the second appeal of the defendants upon the question of  law.

The appeal had been  filed  against the judgment of  the High Court of Judicature when  it  allowed  the   second   appeal   filed   by defendant while  setting  aside the judgment and decree  that had been   passed   by   Additional Subordinate   Judge,   while dismissing  the suit that was  filed by the appellants .

Facts: The Appellants were the plaintiffs  who  were the family members  of the one who filed a civil suit against  the respondents  who were the defendants to the concerned civil suit   filing for a declaration and permanent injunction .

As per the version of the plaintiffs  are concerned,  a partition  had taken place where the  disputed land had fallen in their part of the share wherein they had invested a lot of money  and that the defendants were creating hassle  devoid of any legal authority along with assertion of rights over the property  whereas  it was claimed by the that  the property belonged to them  as they were the real owners .

Issues:

(1)Can a declaration and permanent injunction be allowed against the defendants?

(2) If allowed   what could be the reliefs.

The Trial Court opined that the plaintiffs were able to establish their claim by necessary evidence hence entitling them to claim a declaration and permanent injunction.

Being aggrieved by the decision of the Court, a first appeal was filed which was dismissed .While a second appeal was made, the appeal was admitted by the High Court by setting aside   the judgment and decree of the two [1]courts.

Held: A special leave petition was filed before the Apex Court by the plaintiffs, where the Supreme Court of India opined that an error had been committed by the High Court while allowing the second appeal and that the case needs to be remanded and decided as per the law. The appeal was allowed while setting aside the judgment of High Court.

[1] https://www.sci.gov.in/supremecourt/2007/35474/35474_2007_Judgement_11-Sep-2018.pdf