KAILASH NATH TRIPATHI vs KEDARNATH TEWARI .

The Supreme Court held that the High Court erred in dismissing the second appeal on the grounds of lack of substantial questions of law. It identified two substantial questions: (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 Court allowed the appeal, set aside the High Court's order, and remitted the matter for fresh disposal with directions to formulate the substantial questions of law.