TaxTMI 
TaxTMI 
2018 (5) TMI 1788
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....ondent Nos.1 & 2 herein and set aside the judgment/order dated 16.01.2002 passed by the District Judge, Ahmednagar in R.C.A. No.21 of 2000 and confirmed the judgment dated 10.12.1999 passed by the Civil Judge, Junior Division, Ahmednagar in R.C.S. No.600 of 1982. 2. In order to appreciate the issues involved in the appeal, few relevant facts need to be mentioned hereinbelow. 3. The appellants are the plaintiffs whereas the respondents are the defendants in a civil suit out of which this appeal arises. 4. The appellants filed a civil suit (R.C.S. No. 600/1982) against the respondents in the Court of Civil Judge, Junior Division, Ahmednagar for declaration that, (1) the suit properties described in detail in the schedule are ancestra....
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....d to consider the appropriate provisions of Order VII Rule 3 of C.P.C. (C) Whether the first appellate Court has erroneously relied upon Xerox copies of the mortgage deed which is not registered. (D) Whether the first appellate Court has erroneously that the suit properties are the private properties of original plaintiffs. (E) Whether the Civil Court has jurisdiction to decide the nature of the property which issue required to be dealt with by the Charity Commissioner. (F) Whether the suit is barred by limitation." 9. By impugned judgment, the Single Judge of the High Court allowed the appeal and, in consequence, set aside the order passed by the District Judge in R.C.A. No.21 of 2000 and confirmed th....
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....that the case involves a substantial question of law. (2) An appeal may lie under this section from an appellate decree passed ex parte. (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. (4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. (5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: Provided that nothing in this subsection shall be deemed to take away or abridge the power of the court to hear, f....
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....ppeal. The reason for giving this right to the respondent for raising such objection at the time of hearing is because the High Court frames the question at the admission stage which is prior to issuance of the notice of appeal to the respondent. In other words, the question is framed behind the back of the respondent and, therefore, subsection( 5) enables him to raise such objection at the time of hearing that the question framed does not arise in the appeal. The proviso to subsection (5), however, also recognizes the power of the High Court to hear the appeal on any other substantial question of law which was not initially framed by the High Court under subsection (4). However, this power can be exercised by the High Court only after assi....
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....at it is not a property of the Public Trust and belongs to individual claimant? (ii) Whether the suit for declaration that the properties were not of the Public Trust was barred by limitation and, therefore, the impugned judgment of the first appellate Court deserves interference?" 20. In our considered opinion, the High Court, therefore, committed two jurisdictional errors while deciding the second appeal. 21. First, though it rightly framed six substantial questions of law at the time of admission of the appeal on 30.11.2002 as arising in the case but erred in not answering these questions. 22. As mentioned above, the High Court had the jurisdiction to decide the second appeal only on the six substantial questions of law....