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Head Note

The Code of Civil Procedure, 1908  - Section 100

Second Appeal - Substantial Question of Law - Held that (i) On the day when the second appeal is listed for hearing on admission if the High Court is satisfied that no substantial question of law is involved, it shall dismiss the second appeal without even formulating the substantial question of law; (ii) In cases where the High Court after hearing the appellate is satisfied that the substantial question of law is involved, it shall formulate that question and then the appeal shall be heard on those substantial question of law, after giving notice and opportunity of hearing to the respondent; (iii) In no circumstances the High Court can reverse the judgment of the trial court and the first appellate court without formulating the substantial question of law and complying with the mandatory requirements of Section 100 CPC.

The Code of Civil Procedure, 1908  - Section 100

Second Appeal - Substantial Question of Law -High Court by the impugned judgment allowed the appeal and reversed the judgment passed by the trial court and the first appellate court without formulating substantial question of law - impugned judgment passed by the High Court liable to be set aside - Matter remitted back to the High Court to first formulate the substantial question of law and then decide all these appeals in accordance with law.

Topic(s)-Civil Procedure - Second Appeal - Substantial Question of Law - Law enumerate