Important point
Jurisdiction of High Court to entertain second appeal is confined only to such appeals which involve a substantial question of law and Court cannot interfere with pure questions of fact.

Judgment

Arijit Pasayat, J.—Leave granted.

2. Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Patna High Court in Second Appeal in terms of Section 100 of the Code of Civil Procedure, 1908 (in short the ‘Code’). The respondents are the legal heirs of the original plain­tiff-Ishraj Narayan Singh. The original plaintiff filed a suit seeking declaration of his title over the suit land and declaration of want of title of Smt. Ram Sakhi Devi, the appellant herein, the defendant No. 3 in the suit. The trial court had decreed the suit but in appeal the First Appellate Court reversed it. The ­respondents filed the second appeal before the Patna High Court. By the impugned judgment the High Court restored the judgment and ­decree of the trial court and set aside the ­judgment and decree of the First Appellate Court.

3. Though many points were urged in support of the appeal, the pivotal plea was that the High Court could not have interfered with the judgment and decree of the First Appellate Court without framing a substantial question of law as enjoined by Section 100 of the Code. The High Court can only exercise its jurisdiction under Section 100 of the Code in Second Appeal on the basis of substantial question of law framed at the time of admitting appeal. A Second Appeal can be heard and decided only on the basis of substantial question of law, if any. The judgment rendered by the High Court in Second appeal without following the aforesaid procedure is not sustainable in law.

4. Learned counsel for the respondents on the other hand submitted that the question of law is self evident and on a technical plea that a question of law has not been framed, the well reasoned judgment should not be set aside.

5. As mandated by sub-section (3) of Section 100 of the Code, the memorandum of appeal shall precisely state substantial question or questions of law involved in the appeal. Where the High Court is satisfied that in any case any substantial question of law is involved it shall formulate that question under sub-section (4) and the second appeal has to be heard on the question so formulated as stated in sub-section (5) of Section 100.

6. Section 100 of the Code deals with “Second Appeal”. The provision reads as follows :

“Section 100 – (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.

(2) An appeal may lie under this section from an appellate decree passed ex parte.

(3) In an appeal under this Section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

(4) Where the High Court is satisfied that a substantial ques­tion of law is involved in any case, it shall formulate that question.

(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question :

Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.”

7. A perusal of the impugned judgment passed by the High Court does not show that any substantial question of law has been formulated or that the second appeal was heard on the question, if any, so formulat­ed. That being so, the judgment cannot be maintained.

8. In Ishwar Dass Jain v. Sohan Lal (2000(1) SCC 434) this Court in para 10, has stated thus :

“10. Now under Section 100 CPC, after the 1976 Amendment, it is essen­tial for the High Court to formulate a substantial question of law and it is not permissible to reverse the judgment of the first appellate Court wi