IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3961 OF 2011 (@ SPECIAL LEAVE PETITION(C)NO.18892 OF 2007)

PRAMILLA & ORS. ... APPELLANTS

VERSUS

SEEMA AGARWAL & ORS. ... RESPONDENTS

O R D E R

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 questions of law before proceeding to  

decide the Second Appeal on merits.  This Court in a number of  

judgments has clearly laid down the principle that the High Court  

ought  to  have  formulated  substantial  questions  of  law  before  

deciding the same on merits.  In the case of Gurdev Kaur and Others  

Vs. Kaki and Others, (2007) 1 SCC p.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 questions of  

law.   

: 2 :

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 17.05.2011.

With  these  observations,  this  appeal  is  disposed  of,  

leaving the parties to bear their own costs.  

...................J. (DALVEER BHANDARI)

...................J. (DEEPAK VERMA)

NEW DELHI; 5TH MAY, 2011