Wednesday, 1 June 2016

Whether it is necessary to frame substantial question of law if appeal is dismissed at admission stage?

In our opinion, a substantial question of law is not
required to be framed if the High Court decides to dismiss
the second appeal at an admission stage. Only in a case
where the second appeal is admitted or is decided finally
by allowing the same, a substantial question of law is
required to be framed by the High Court.
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
 CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.13338 OF 2015
 (Arising out of SLP(C)No.541 of 2015)
 HARI NARAYAN BANSAL ... APPELLANT(S)
 VS.
 DADA DEV MANDIR PRABANDHAK SABHA
 (BARAH GAON) PALAM ... RESPONDENT(S)
Citation: 2016(2) ALLMR 477 SC

3. The main submission which has been advanced by the
learned counsel appearing for the appellants is that the
second appeal was dismissed by the High Court without

framing any substantial question of law.
4. In our opinion, a substantial question of law is not
required to be framed if the High Court decides to dismiss
the second appeal at an admission stage. Only in a case
where the second appeal is admitted or is decided finally
by allowing the same, a substantial question of law is
required to be framed by the High Court.
5. In the instant case, no substantial question of law
was involved in the second appeal and therefore, the High
Court had rightly dismissed the second appeal at the
admission stage by passing the impugned order. We,
therefore, see no reason to entertain this Petition.
6. A request has been made by the learned senior counsel
appearing on behalf of the appellants that the appellants
are tenants and doing their bussiness in the shops in
question for the last 35 years and therefore, some time may
be granted to them for vacating the shops.
7. Looking at the afore-stated facts, we direct that the
appellants shall not be evicted till 31st December, 2016, on
filing of usual undertakings by them within four weeks from
today.
8. In the meantime, by way of mesne profit the
appellants shall continue to pay Rs. 1,500/- (Rupees One
Thousand Five Hundred only) every month to the respondent.
The amount deposited by the appellants with this Court
shall be paid to the respondent by way of account payee
2Page 3
cheque and the cheque shall be handed over to the learned
counsel for the respondent. The said amount shall be
treated as costs.
9. The appeal is disposed of as dismissed with the above
directions. Pending application, if any, stands disposed
of.

..............J.
[ANIL R. DAVE]
..............J.
[S.A. BOBDE]
New Delhi;
3rd November, 2015.
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