Suresh Lataruji Ramteke vs. Sau. Sumanbai Pandurang Petkar & Ors. (SC)

Code of Civil Procedure, 1908–Sec. 100–Scope-A Court sitting in second appellate jurisdiction is to frame the substantial questions of law at the time of admission, save and exception in exceptional circumstances–Post such framing of question, the Court shall proceed to hear the parties on such questions i.e. after giving them adequate time to meet and address them–It is only after such hearing subsequent to framing that, a second appeal shall come to be decided–In the instant case, the substantial questions of law were framed on the second date of hearing, the parties were heard right then and there, and the second appeal was disposed of with the judgment being dictated and the findings were reversed–Matter deserves to be remanded back to High Court for fresh consideration.