[S. 100 CPC] Court May Formulate Substantial Question Of Law Even Though Same Hasn't Been Formulated In Memorandum Of Second Appeal: Jharkhand High Court

The Jharkhand High Court has observed that under Section 100 of the Code of Civil Procedure, the Court is empowered to formulate any substantial question of law that arises between the parties, even if it was not included in the memorandum of the Second Appeal.

“Under section 100 of the Code of Civil Procedure, the Court may formulate any substantial question of law which arises between the parties even though the same has not been formulated in the memorandum of Second Appeal,” Acting Chief Justice Shree Chandrashekhar, presiding over the case observed.

The above ruling came in a second appeal seeking challenge to the judgement and decree passed in a Civil Appeal whereby a Title Suit filed by the Appellant was dismissed.

The appellant, who was the plaintiff in the Title Suit, initiated the suit in 2007 seeking a declaration of his valid and subsisting title and confirmation of possession over the disputed land.

The trial court dismissed the suit in 2015, finding that the Hukumnana granted to the plaintiff's mother in 1952 did not confer any right, title, or interest in the land. The plaintiff then appealed the decision, but the appeal was also dismissed in 2023. Consequently, the plaintiff filed a second appeal.

In light of the concurrent findings of fact recorded by the lower courts, the High Court observed that no substantial questions of law arose between the parties.

The Court noted, “The plaintiff did not aver and establish the date since when he was in possession over the suit property hostile to the title of the landlord. To claim title through prescription, the plaintiff is required to demonstrate that 12 years in the past this fact was brought to the knowledge of the landlord that he was exercising ownership rights hostile to the right of the owner.”

“No such date has been disclosed by the plaintiff either in the pleadings or in the evidence laid in the trial of the Title Suit No. 166 of 2007. The findings recorded by the Courts below are based on proper appreciation of the materials on record. On such findings, not even a question of law arises in this case,” the Court stated while dismissing the appeal.

Case Title: Paitar Mandal Vs The State of Jharkhand

LL Citation: 2024 LiveLaw (Jha) 85

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