Kailash Nath Tripathi vs Kedarnath Tewari & Ors

The Supreme Court held that the High Court erred in dismissing the second appeal on the grounds of no substantial question of law being involved. The Court identified two substantial questions of law: (1) whether a statement made by an advocate under Order X Rule 2 of the Code of Civil Procedure, 1908 constitutes an admission by the party, and (2) whether the First Appellate Court's finding regarding a passage not being a public road was legally vitiated. The appeal was allowed, the High Court's order was set aside, and the matter was remitted for fresh disposal.