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Uma Pandey And Another v. Munna Pandey And Others
Factual and Procedural Background
The appellants (plaintiffs) and respondents (defendants) are members of the same family. In 1993 the appellants filed Title Suit No. 21 of 1993 before the Court of Sub-Judge V, Gopalganj, seeking partition and separate possession of ancestral agricultural lands. The trial court decreed the suit in favour of the appellants. On first appeal, the 1st Additional District & Sessions Judge, Gopalganj reversed that decision and dismissed the suit. The appellants then filed a second appeal in the Patna High Court. The High Court, however, dismissed the second appeal in limine, holding that no substantial question of law arose. The present appeal was filed before the Supreme Court challenging that summary dismissal.
Legal Issues Presented
- Whether the Patna High Court erred in dismissing the second appeal in limine on the ground that no substantial question of law arose under Section 100 of the Code of Civil Procedure, 1908.
- Whether interpretation, admissibility, and legal effect of Document “Ext. A” raise substantial questions of law warranting admission of the second appeal.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Supreme Court noted that both the trial court and the first appellate court relied upon Document “Ext. A” in arriving at their opposite conclusions. According to settled law, questions concerning the interpretation, admissibility, or legal effect of a document constitute substantial questions of law within the meaning of Section 100 CPC. Consequently, the High Court was obliged to admit the second appeal and frame appropriate substantial questions of law rather than dismissing it summarily.
Because the High Court failed to perform this mandatory exercise, the Supreme Court independently identified five substantial questions of law related to the nature, binding effect, necessity of registration, and evidentiary admissibility of Ext. A. The Court concluded that the High Court’s refusal to admit the appeal was legally unsustainable.
Holding and Implications
APPEAL ALLOWED; HIGH COURT JUDGMENT SET ASIDE AND MATTER REMANDED.
Direct Effect: The Patna High Court must now rehear Second Appeal No. — on the merits, addressing the five substantial questions of law framed by the Supreme Court.
Broader Implications: The decision reinforces the mandatory duty of High Courts under Section 100 CPC to admit a second appeal when substantial questions of law—especially those concerning interpretation of pivotal documents—are prima facie evident. No new legal precedent was set beyond reaffirming this established principle.
Abhay Manohar Sapre, J.— Leave granted. This appeal is filed by the plaintiffs against the final judgment and order dated 16-7-2014 passed by the High Court of Judicature at Patna in Uma Pandey v. Munna Pandey 2014 SCC OnLine Pat 8273 whereby the High Court dismissed the second appeal filed by the appellants herein in limine and affirmed the judgment-decree dated 14-7-2008 passed by the 1st Additional District & Sessions Judge, Gopalganj in Title Appeal No. 77/2005/06 of 2007 which arose out of the judgment dated 12-7-2005 and decree dated 23-7-2005 passed by the Sub-Judge V, Gopalganj in Title Suit No. 21 of 1993.
2. The issue involved in the appeal lies in a narrow compass so also the facts involved in the appeal are short. They are stated hereinbelow to appreciate the issue.
3. The appellants are the plaintiffs whereas the respondents are the defendants in a civil suit out of which this appeal arises. The appellants and the respondents are members of one family and are related to one another.
4. The appellants filed a civil suit being Title Suit No. 21 of 1993 against the respondents in the Court of Sub-Judge V, Gopalganj claiming partition and separate possession of agriculture lands as detailed in the schedule appended to the plaint.
5. According to the appellants, the lands were ancestral in the hands of the parties to the suit and being members of family, they were entitled to claim their share in the suit lands qua the respondent-defendants. It was, inter alia, on this assertion the appellants filed a suit for partition and separate possession of the suit land of their separate shares against the respondent-defendants.
6. The respondents contested the suit and denied the appellants' claim in the written statement on several grounds on facts and in law. Parties went to trial. The issues were framed. Documents were filed and oral evidence was adduced.
7. The trial court decreed the appellants' suit. The respondent-defendants felt aggrieved and filed first appeal. The first appellate court allowed the defendants' appeal and dismissed the appellants' suit. The appellants felt aggrieved and filed second appeal before the High Court. By the impugned judgment, the High Court dismissed the appeal in limine. The High Court held that the second appeal filed by the appellant-plaintiffs did not involve any substantial question(s) of law and hence it was liable to be dismissed in limine. It is against this judgment, the plaintiffs felt aggrieved and filed the present appeal by way of special leave in this Court.
8. Heard Mr Manan Kumar Mishra, learned Senior Counsel for the appellants. Despite notice SLP (C) No. 32229 of 2014, no one appeared on behalf of the respondents.
9. Having heard the learned counsel for the appellants and on perusal of the record of the case, we are constrained to allow the appeal, set aside the impugned judgment of the High Court and remand the case to the High Court for deciding the second appeal filed by the plaintiff-appellants herein afresh on merits on the substantial questions of law framed by this Court hereinbelow.
10. In our considered opinion, the High Court erred in dismissing the second appeal in limine on the ground that it did not involve any substantial question(s) of law. In our view, the appeal did involve substantial question(s) of law within the meaning of Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) and, therefore, it should have been admitted for final hearing on the substantial question(s) of law arising in the case.
11. It is not in dispute that the respondent-defendants filed one document (Ext. A) (Annexure P-1 of SLP). This document was relied on and appreciated by the two courts below for deciding the rights of the parties. The trial court decreed the suit and the first appellate court reversed it on appreciating the evidence including Ext. A.
12. It is a settled principle of law that interpretation of any document including its contents or its admissibility in evidence or its effect on the rights of the parties to the lis constitutes a substantial question(s) of law within the meaning of Section 100 of the Code.
13. Whenever such question arises in the second appeal at the instance of the appellant, it deserves admission on framing appropriate substantial question(s) on such questions to enable the High Court to decide the appeal on merits bi-party.
14. In this case, it was all the more reason for the High Court to have admitted the appellants' second appeal because the trial court and the first appellate court had taken into consideration the document, Ext. A for deciding the lis involved in the case.
15. In the light of the foregoing discussion, we cannot concur with the reasoning and the conclusion arrived at by the High Court as, in our view, it wrongly dismissed the appellants' second appeal in limine. In other words, what the High Court ought to have done at the time of hearing the second appeal on the question of admission by framing substantial question(s) of law arising in the case, the said exercise now we have to do it while disposing of this appeal.
16. In our view, the following substantial questions of law arise in the second appeal within the meaning of Section 100 of the Code for its decision:
16.1. (i) Whether findings recorded by the first appellate court on Ext. A for allowing the defendants' first appeal and, in consequence, reversing the judgment-decree of the trial court is legally and factually sustainable?
16.2. (ii) What is the true nature of Ext. A? Can it be termed as “partition deed” or a document recognising a factum of partition already effected between the parties in relation to the suit land?
16.3. (iii) Whether Ext. A binds the plaintiffs and, if so, how and to what extent?
16.4. (iv) Whether Ext. A requires registration and, if so, its effect?
16.5. (v) Since Ext. A was exhibited in evidence without any objection, whether any objection about its admissibility or legality can now be raised by the appellants in second appeal and, if so, its effect?
17. In view of the foregoing discussion, the appeal succeeds and is allowed. The impugned judgment is set aside. The appeal is remanded to the High Court for its decision on merits on the substantial questions of law framed by us.
18. We, however, make it clear that we have not gone into the merits of the case. The High Court will accordingly decide the appeal on merits strictly in accordance with law uninfluenced by any of our observations. Since the appeal is quite old, we request the High Court to decide the same preferably within six months.
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