High Court can Dismiss Second Appeal without even Formulating the Substantial Question of Law: SC

High Court can dismiss second appeal without even formulating the substantial question of law: SC

The Supreme Court has noted that a High Court isn’t required to frame substantial question of law while dismissing a second appeal.

The formulation of a substantial question of law or reformulation of the same arises only if there are some questions of law and not in the absence of any substantial question of law, observed the Court.

Brief Facts of the Case

  • An appeal was filed against the High Court judgment which dismissed a second appeal filed against the concurrent findings of the Trial Court and the First Appellate Court.

Main issue in the case

  • The High Court dismissed the second appeal without framing any substantial question of law which is mandatory in terms of Section 100 of the Code of Civil Procedure. Referring to Section 100 CPC.

Observation made by the Court

  • The Court observed that sub-section (1) of Section 100 of the Code contemplates that an appeal shall lie to the High Court if it is satisfied that the case involves a substantial question of law. The substantial question of law is required to be precisely stated in the memorandum of appeal. If the High Court is satisfied that such a substantial question of law is involved, it is required to formulate that question. The appeal has to be heard on the question so formulated. However, the Court has the power to hear the appeal on any other substantial question of law on the satisfaction of the conditions laid down in the proviso of Section 100 of the Code. Therefore, if the substantial question of law framed by the appellants is found to be arising in the case, only then the High Court is required to formulate the same for consideration. If no such question arises, it is not necessary for the High Court to frame any substantial question of law. The formulation of a substantial question of law or reformulation of the same in terms of the proviso arises only if there are some questions of law and not in the absence of any substantial question of law. The High Court is not obliged to frame the substantial question of law, in case, it finds no error in the findings recorded by the First Appellate Court.
  • Advertisement
  • The court observed that none of the judgments referred to by the appellant [except Md. Mohammad Ali (dead) by LRs v. Jagadish Kalita & Ors., (2004) 1 SCC 271] mandate the High Court to frame substantial questions of law while upholding the findings recorded by the First Appellate Court. In Md. Mohammad Ali, the Court had found that the High Court erred in dismissing the appeal without formulation of a substantial question of law which arises for consideration.
  • The Court observed the following observations made in, Ashok Rangnath Magar v. Shrikant Govindrao Sangvikar (2015) 16 SCC 763, in which it was pronounced that the second appeal can be dismissed without even formulating the substantial question of law:
  • 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;
  •  In cases where the High Court after hearing the appeal 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;
  • 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.

Case Name: KIRPA RAM (DECEASED) vs. SURENDRA DEO GAUR

Citation: CIVIL APPEAL NO. 8971 OF 2010

Coram: Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi

High Court can dismiss second appeal without even formulating the substantial question of law: SC

Also Read: Assassination Of Character In A Male-Dominated Community Is Common, It Causes A Certain Impact On The Individual Person

Leave a Reply

Your email address will not be published. Required fields are marked *