Violation of Procedural Aspects in Framing Substantial Questions of Law – Appeal Remand Back – Supreme Court

In a recent judgment, the Supreme Court of India brought attention to what it referred to as the "violation of procedural aspects" in the process of framing substantial questions of law in second appeals. The case involved a dispute that had reached the apex court due to alleged irregularities in the procedure followed by the High Court.

The central issue at hand was the manner in which substantial questions of law were framed during the second appeal. The Supreme Court emphasized that the High Court had framed these questions at the time of the second appeal hearing, without affording the parties adequate time to prepare and address these crucial questions. This violation of procedural fairness raised significant concerns.

The judgment further underscored the importance of adhering to established legal procedures, particularly in cases involving the review of concurrent findings of fact. The High Court's decision to overturn concurrent findings of fact was questioned by the Supreme Court, which stressed that such interference should only occur in exceptional circumstances and must be based on a thorough examination of the trial court's records.

In response to the procedural irregularities and the need for proper adherence to the law, the Supreme Court decided to remand the case to the High Court for reconsideration. The judgment and order of the High Court were set aside, and the matter was restored to the High Court's file for a fresh examination.

This case serves as a stark reminder of the significance of ensuring a fair hearing and procedural compliance in the judicial process. The Supreme Court's decision reaffirms the importance of following the correct legal procedure, particularly in the framing of substantial questions of law, to uphold the principles of justice and fairness.

Date of Decision: September 21, 2023

SURESH LATARUJI RAMTEKE vs SAU. SUMANBAI PANDURANG PETKAR & ORS.