SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
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(1.)Heard the learned counsel for the parties. The correctness and validity of the order passed in a second appeal by the High Court of Punjab and Haryana at Chandigarh is questioned in this appeal.
(2.)Disposing of the second appeal, the High Court passed the following order :
"Heard. No merit.
(3.)The High Court did not consider whether any substantial question or questions of law arose for consideration between the parties as required under Section 100 of the Code of Civil Procedure. This Court has taken the consistent view that in order to consider and dispose of a second appeal, substantial question or questions of law should arise for consideration between the parties. The impugned order does not indicate whether any substantial question or questions of law arose for consideration between the parties. It is expected of the appellant to frame substantial question of law in the memorandum of appeal. Sub-section (3) of Section 100, C.P.C. states that :
"In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal."
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