Sec. 100 & Order 41, Rule 23 & 23-A–Remand of case by High Court in second appeal–Justification–Held,
(i) Questions framed by High Court are not satisfying the test of being substantial questions of law as none of findings of Courts below was perverse, questions formulated were neither debatable nor arguable and High Court dealt the matter like to first appeal.
(2) Remand of case was not justified as neither it was sought by any of party nor the substantial question for remand was framed.
(3) Respondents set up their case on the ground of adverse possession against the State and failed to establish the same–Being a question of fact, findings on this question were binding on High Court–Further, the question of validity of gift was having no significance.
Impugned judgment of High Court is liable to be set aside.
