Ramlal & Anr vs Phagua & Ors on 19 October, 2005
2) Thiagarajan and Others vs. Sri Venugopalaswamy B. Koil and Others,
(2004) 5 SCC 762
In the instant case, the High Court has framed a substantial question of law as
extracted in paragraphs (supra). Learned counsel for the appellants submitted that the
High Court has not framed any other substantial question of law at the time of hearing
except framed at the stage of admission. Sub-section 5 of Section 100 says that the
appeal shall be heard on the question so formulated and the respondent shall at the
hearing of the appeal be allowed to argue that the case does not involve such a
question. The proviso states that nothing in this sub-section shall be deemed to take
away or abridge the power of the Court to hear for reasons to be recorded, the appeal
on any other substantial question of law not formulated by it, if it is specified that the
case involves such question. As could be seen from the High Court records, no
attempt was ever made by counsel for the appellants to formulate any other substantial
question of law at the time of hearing.