When high court should not dismiss appeal in limine?

 As a matter of fact, having regard to the nature
of controversy involved in the suit and the issues
arising in the case, the questions raised in the
second appeal did constitute substantial questions
of law within the meaning of Section 100 of the
Code.
14) Indeed, in our considered view, the questions,
viz., whether the suit seeking a declaration that the
demand of House Tax raised under the Act is
maintainable, whether such suit is barred and, if
so, by virtue of which provision of the Act, whether
plaintiff has any alternative statutory remedy
available under the Act for adjudication of his
grievance and, if so, which is that remedy, and
lastly, whether the plaintiff has properly valued the
suit and, if so, whether they have paid the proper
Court fees on the reliefs claimed in the suit were

legal questions arising in the appeal and involved
jurisdictional issues requiring adjudication on
merits in accordance with law. The High Court
unfortunately did not examine any of these issues
much less in its proper perspective in the light of
relevant provisions of the Act governing the
controversy.
15) The High Court thus, in our view, committed
jurisdictional error when it dismissed the second
appeal in limine. We cannot countenance the
approach of the High Court.
 REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.1182 OF 2007
Faridabad Complex
Administration 
V
M/s Iron Master India (P) Ltd. 
Citation: (2017) 4 SCC 136

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Whether first appeal can be dismissed in limine?

As rightly argued by the learned counsel for the
appellant, the High Court should not have dismissed
the appeal in limine but in the first instance should

have admitted the appeal and then decided finally
after serving notice of the appeal on the respondents.
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 920 OF 2008
Union of India
V
K.V. Lakshman & Ors. 

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