TaxTMI 
TaxTMI 
TaxTMI 
2007 (11) TMI 602
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....Cuddalore) which was decreed on 20.8.1984 by the trial court. In that suit the plaintiff alleged that he is the owner of the property in question, and he prayed for declaration of his title and for a decree of possession against the defendant. 4. Against the judgment and decree of the trial court the appellant herein filed an appeal which was allowed by the Additional Sub-ordinate Judge, Cuddalore on 30.12.1985. The First Appellate Court set aside the judgment of the trial court and allowed the appeal and dismissed the plaintiff's suit, holding that the defendant had acquired title by adverse possession over the property in dispute. 5. Against the aforesaid decision the plaintiff (respondent herein), filed a second appeal which was al....
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....ired by Second 100 (4) C.P.C. In our opinion these decisions cannot be said to have laid down any absolute proposition of law that whenever a second appeal is decided by the High Court without formulating a substantial question of law that judgment must necessarily be set aside. In our opinion, the judgment of the High Court should not be set aside on this ground alone if no prejudice had been caused to the appellant before us on this account. 10. In the present case both the parties knew that the question involved was whether the defendant (appellant) in this case had been able to prove his title by adverse possession. Hence the non- framing of a substantial question of law in this case did not prejudice the appellant at all before the Hi....
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....rt as required by Section 100 (4) C.P.C. In our opinion, this Court should not take an over technical view of the matter to declare that every judgment of the High Court in Second Appeal would be illegal and void, merely because no substantial question of law was formulated by the High Court. Such an over technical view would only result in remitting the matter to the High Court for a fresh decision, and thereafter the matter may again come up before us in appeal. The judiciary is already overburdened with heavy arrears, and we should not take a view which would add to the arrears. 14. In our opinion, the judgment of the High Court should only be set aside on the ground of non compliance with Section 100(4) if some prejudice has been cause....