Civil procedure code

1. Second Appeal
Aakash Dev Pandey

2. Section 100
After the amendment in Section 100 A and Order 42, the following
consequences ensued:
(i) The High Court must be satisfied that the case involves a substantial
question of law
(i) The memorandum of appeal must precisely state such question
(ii) The High Court at the time of admitting the appeal should formulate
such question
(iv) The appeal shall be heard only on that question
(v) At the hearing of the appeal, the respondent can argue that the
case does not involve such question
(vi) The High Court is, however, empowered to hear the second appeal
on any other substantial question of law, not formulated by it, if it is
satisfied that the appeal involves such question. The High Court, however,
has to record reasons for doing so.
(vii) An appeal may lie under this section from an appellate decree passed
ex parte.

3. What is
Substantial
question of
law?

4. Substantial
Question of Law
: Culcutta HC
In Ratanlal Bansilal v. Kishorilal Goenka-
• The question is open, meaning it has not
been finally settled by a court of higher
authority.
• The question is not free from difficulty or
calls for discussion of alternative views.
• The question has not been settled by the
highest court, but the general principles to
be applied are well-settled, and there is
a mere question of applying those
principles ,then not substantial
• The plea raised is not palpably absurd.

5. Illustrative Cases
The following questions may be said to be substantial questions of law:
(i)A question of law on which there is conflict of judicial opinion;
(ii) Recording of a findings without any evidence on record;
(iii) Inference from or legal effect of proved or admitted facts;
(iv) Disregard or non-consideration of relevant or admissible evidence;
(v) Taking into consideration irrelevant or inadmissible evidence;
(vi) Misconstruction of evidence or documents;
 A question of law having a material bearing on the decision of the case (that is, a question, answer to
which affects the rights of parties to the suit) will be a substantial question of law, if it is not covered by
any specific provisions of law or settled legal principle emerging from binding precedents, and, involves a
debatable legal issue. A substantial question of law will also arise in a contrary situation, where the legal
position is clear, either on account of express provisions of law or binding precedents, but the court
below has decided the matter, either ignoring or acting contrary to such legal principle. In the second
type of cases, the substantial question of law arises not because the law is still debatable, but because
the decision rendered on a material question, violates the settled position of law.

6. Can High Court determine Issue of Fact?
YES , sec 103 gives such power-
In any second appeal, the High Court may, if the evidence on the record is sufficient,
determine any issue necessary for the disposal of the appeal,—
(a) which has not been determined by the lower Appellate Court or both by the Court
of first instance and the lower Appellate Court, or
(b) which has been wrongly determined by such Court or Courts by reason of a decision
on such question of law as is referred to in section 100
o The limited jurisdiction, inter alia, would become exercisable when the findings are
based on misreading of evidence or so perverse that no reasonable person of
ordinary prudence could take the said view. (Chandrasekharan v. S. Kanakrajan )
o another view was possible on facts– not admissible on second appeal

7. Continued...
• The general rule is that the High Court will not interfere with
concurrent findings of the courts below. But it is not an absolute rule.
Some of the well recognized exceptions are where (i) the courts
below have ignored material evidence or act ed on no evidence; (ii)
the courts have drawn wrong inferences from proved facts by
applying the law erroneously; or (iii) the courts have wrongly cast the
burden of proof. When we refer to decision based on no evidence, it
not only refers to cases where there is a total dearth of evidence, but
also refers to any case, where the evidence, taken as a whole, is not
reasonably capable of supporting the finding.

8. Second
Appeal and
Revision
• Grounds: A second appeal lies to the High Court on the ground of
a substantial question of law, while a revision lies on a
jurisdictional error.
• Invocation: Revisional powers of the High Court can be invoked
only in those cases wherein no appeal lies. A second appeal can
be filed against a decree passed by a first appellate court.
• Interference: While exercising revisional jurisdiction, the High
Court cannot interfere with an order passed by a subordinate
court, if it is within the jurisdiction of such court, even if it is
legally wrong. But the High Court can interfere with the decree
passed by the first appellate court if it is contrary to law.
• Question of Fact: A High Court cannot decide a question of fact in
revision, but it can decide an issue of fact in a second appeal
certain cases.
• Discretionary Power: Finally, the High Court may refuse to
interfere in revision if it is satisfied that substantial justice has
been done. In second appeal, however, the High Court has no
discretionary power and it cannot decline to grant relief on
equitable grounds.

9. NO
SECOND
APPEAL
No second appeal lies in a money decree,
where the amount does not exceed Rs
25,000
No Letters Patent Appeal lies against the
decision in the second appeal
Limitation -A second appeal lies to a High
Court within a period of 90 days from the
date of the decree appealed against.

10. First Appeal and Second Appeal
(a) First appeal can be filed against a decree passed by a court exercising original jurisdiction, whereas
a second appeal can be filed against a decree passed by a court exercising appellate jurisdiction.
(b) First appeal can be filed in a superior court, which may or may not be a High Court, while second
appeal can only be filed in a High Court.
(c) The grounds of first appeal can be on a question of fact, law, or fact and law, while second appeal
can only be filed on a substantial question of law.
(d) A first appeal can be maintained on a question of law, even if the amount of decree does not exceed
three thousand rupees, but no second appeal lies in such cases.
(e) An appellate court has the power to decide issues of fact in a first appeal, but the High Court can
only decide issues of fact in certain cases in a second appeal.
(f) The period of limitation for filing a first appeal is ninety days if it lies to a High Court, and thirty
days if it lies in any other court. In contrast, a second appeal can only be filed in a High Court within
ninety days.
(g) A letters patent appeal is maintainable against a judgment of a single judge of a High Court to a
Division Bench of the same court, but no such appeal is maintainable against a decision of a single
judge in a second appeal.

11. THANK YOU