Rajiv Sharma, J. - (1.) HEARD Mr. Umesh Kumar Srivastava, learned Counsel for the applicant/appellant and Mr. B.K. Saxena, learned Counsel appearing for the respondents.
(2.) THE instant appeal has been filed in the year 2007 and no substantial question of law was framed, while admitting the appeal, though framed at the time of writing down the judgment. After framing the substantial question of law, the appeal was allowed vide judgment and order dated 9.8.2007 and the matter went upto the Hon'ble Apex Court. Hon'ble Apex Court, vide judgment and order dated 5.5.2011, allowed the Civil Appeal, which is as under: - Leave granted. We have heard learned Senior counsel appearing for the parties at length. We are of the considered view that the High Court ought to have formulated substantial question of law before proceeding to decide the Second Appeal on merit. This Court in a number of judgments has clearly laid down the principle that the High Court ought to have formulated substantial question of law before deciding the same on merits. In the case of Gurdev Kaur and others vs. Kaki and others, : (2007) 1 SCC 546, this Court had elaborately dealt with the cases decided by this Court on the same principle. On consideration of the totality of facts and circumstances of this case, in our considered view, the impugned judgment of the High Court cannot be sustained and the same is accordingly set aside and we remit the matter to the High Court for deciding the same afresh after formulating substantial question of law. Since the matter has remained pending in this Court for quite some time, we request the High Court to dispose of the Second Appeal as expeditiously as possible. To avoid any delay, we direct the parties to appear before the High Court on 17.5.2011. With these observations, this appeal is disposed of, leaving the parties to bear their own costs.
(3.) LEARNED Counsel for the parties submit that the substantial questions of law which have been framed at the time of writing down judgment are only the substantial questions of law, involved in the instant appeal.;