Section 100 of the Code of Civil Procedure, 1908, governs second appeals to the High Courts in India. It permits an appeal from an appellate decree passed by a subordinate court only if the case involves a substantial question of law. This provision ensures that High Courts address significant legal issues rather than re-examine factual determinations.

HISTORICAL BACKGROUND

Originally, Section 100 allowed second appeals on questions of fact and law. However, the 1976 amendment to the CPC restricted this scope, confining second appeals solely to substantial questions of law. This change aimed to limit frivolous appeals and expedite the judicial process.

ESSENTIALS FOR SECOND APPEAL UNDER SECTION 100 CPC

To file a second appeal under Section 100, the following prerequisites must be met:

• Existence of an Appellate Decree: The appeal must arise from a decree passed by an appellate court subordinate to the High Court.

• Substantial Question of Law: The case must involve a substantial question of law. The appellant is required to explicitly state this question in the memorandum of appeal.

• Formulation by the High Court: The High Court must be satisfied that such a substantial question of law is involved and should formulate it at the time of admission of the appeal.

SUBSTANTIAL QUESTION OF LAW: INTERPRETATION AND SCOPE

A substantial question of law is one that is of general public importance or affects the rights of the parties directly and substantially. It is not sufficient for the question to be merely debatable; it must have a material bearing on the case’s outcome.

In Chandrabhan (Deceased) through Legal Representatives v. Saraswati (2022 INSC 995), the Supreme Court emphasized that the High Court must formulate the substantial question of law at the admission stage of the second appeal. Failure to do so violates the mandatory provisions of Section 100 CPC.

PROCEDURE FOR SECOND APPEAL

1. Memorandum of Appeal: The appellant must file a memorandum precisely stating the substantial question of law involved.

2. Admission: The High Court reviews the memorandum to determine if a substantial question of law exists. If satisfied, it admits the appeal and formulates the question.

3. Hearing: The appeal is heard on the formulated substantial question of law. The respondent can argue that the case does not involve such a question.

4. Decision: The High Court decides the appeal based on the substantial question of law, without re-examining factual issues.

CASE LAWS ILLUSTRATING THE APPLICATION OF SECTION 100 CPC

• Kondiba Dagadu Kadam v. Savitribai Sopan Gujar (1999): The Supreme Court held that the High Court cannot interfere with concurrent findings of fact unless there is a substantial question of law. This case underscores the limited scope of second appeals under Section 100 CPC.

• Narayanan Rajendran v. Lekshmy Sarojini (2009): The Court reiterated that a second appeal can be entertained only if there is a substantial question of law. It emphasized that the High Court should not act as a second court of facts.

DISTINCTION BETWEEN QUESTION OF LAW AND SUBSTANTIAL QUESTION OF LAW

Not all questions of law qualify as substantial. A question of law becomes substantial when:

• It directly and substantially affects the rights of the parties.
• It is of general public importance.
• It involves an open question in law, not settled by the Supreme Court.

For instance, in Ramathal v. Maruthathal (2018) 18 SCC 303, the Supreme Court clarified that the existence of a substantial question of law is a sine qua non for the exercise of jurisdiction under Section 100 CPC.

EXCEPTIONS AND LIMITATIONS

• No Second Appeal in Certain Cases: As per Section 102 CPC, no second appeal lies in suits where the subject matter is valued below a specified amount.

• Concurrent Findings of Fact: The High Court cannot interfere with concurrent findings of fact unless there is perversity or misapplication of law.

CONCLUSION

Section 100 CPC serves as a vital filter, allowing only those appeals that raise significant legal questions to reach the High Courts. This mechanism ensures that the judiciary’s time is devoted to resolving substantial legal issues, thereby maintaining the efficiency and integrity of the legal system.