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Judgment
Heard on the question of admission.
This second appeal is preferred under Section 100 of the CPC against the judgment and decree dated 06.09.2019 passed by Third ADJ, Gadarwara, District Narsinghpur in Civil Appeal No. 44/2018, whereby the judgment and decree dated 31.08.2018 passed by the Second Civil Judge Class-II, Gadarwara Distrcit Narsinghpur in Civil Suit No. 86-A/2014 has been confirmed.
Section 100 CPC reads as under:-
"100.Second Appeal.--(1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.
(2) An appeal may lie under this section from an appellate decree passed ex-parte.
(3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.
(5) 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 question: Provided 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 satisfied that the case involves such question."
Second appeal is maintainable if it raises a substantial question;
On perusal of the record, I am of the considered view that this appeal involves the substantial question of law. Therefore, this appeal is admitted for final hearing on the following substantial questions of law:-
(1) Whether the judgment passed by the appellate Court below is sustainable in law when it vitiates settled principles of law and is contrary to the facts on record?
(2) Whether the principle of escheat is applicable on the private properties wherein no claim has been raised by the State?
Learned counsel for the appellant has also filed I.A. No. 15844/2019, which is an application under Order 41 Rule 5 CPC, whereby the appellant has prayed for stay of the effect and operation of the judgment and decree dated 06.09.2019.
To maintain the principle 'audi alteram partem' (the primary principle of natural justice), it would not be appropriate to pass any order on the application without hearing the other side.
Issue notice of final hearing of the appeal as well as I.A. No. 15844/2019 to the respondents on payment of process fee within seven days by both modes, returnable within four weeks.