2009 (12) TMI 1082

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....A.S. Nambiar, Sr. Adv. Mr. Sewa Ram, Adv. Mr. P.K. Manohar, Adv. ORDER Heard learned counsel for both sides. Legal representatives of defendant No.1 and defendant No.2 are the appellants before us. Even at the outset, learned counsel appearing for the appellants pointed out that the High Court while reversing the concurrent decisions of both the Courts below, committed an error in not adh....

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....sly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied 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 ....

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....t in series of decisions held that before entertaining the second appeal, the High Court has to satisfy that the case involves a substantial question of law. As per sub-section (3), the memorandum of appeal should state the substantial question of law involved in the second appeal. Sub-section (4) mandates that on satisfying that a substantial question of law is involved, the High Court should for....

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.... the question after satisfying that a substantial question of law involved in that appeal. Mere reference to the grounds as stated in the memorandum of second appeal would not satisfy the mandates prescribed in Section 100 more particularly when the High Court allowed the second appeal setting aside concurrent decisions of the Courts below. In order to fulfill the conditions mentioned in Section 1....