1. Appeal against High Court order in Second Appeal — failure to formulate question of law under Section 100, Code of Civil Procedure. (Para 3 )
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2000 Supreme(SC) 599
SUPREME COURT OF INDIA
S.N.Phukan : S.R.Babu
G.Thankamma Amma
Versus
N.Raghva Kurup
Case No. : 2266 of 2000
Date of Decision : 3/16/00
A Second Appeal under Section 100 of the Code of Civil Procedure cannot be decided by the High Court without the prior formulation of a substantial question of law.
Headnote:(A) Code of Civil Procedure, 1908 - Section 100 - Second Appeal - Formulation of question of law - Perusal of the judgment made by the High Court does not disclose that there is any formulation of question of law as contemplated under Section 100 of the Code of Civil Procedure before deciding the matter - Matter remitted to the High Court for fresh consideration after framing an appropriate question of law. (Para 3)
Facts of the case:
An appeal was filed against an order passed by the High Court in a Second Appeal. It was observed that the High Court had decided the matter without formulating a question of law as required by the statutory provisions governing second appeals.
Findings of Court:
The court found that the High Court's judgment lacked the necessary formulation of a question of law as mandated under Section 100 of the Code of Civil Procedure.
Issues: Whether the High Court could decide a Second Appeal without framing a substantial question of law under Section 100 of the Code of Civil Procedure.
Ratio Decidendi: The scope of Section 100 of the Code of Civil Procedure requires the formulation of a question of law before a Second Appeal can be decided. Failure to do so necessitates the remittal of the case for fresh consideration.
Result: Appeal allowed.
Legal Category Hierarchy
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practice and procedure
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civil procedure
- second appeal (Para 3)
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civil procedure
Table of Contents
2. Challenge to High Court order in Second Appeal — absence of formulated question of law under Section 100, Code of Civil Procedure. (Para 3 )
3. High Court judgment failed to disclose the formulation of a question of law as required under Section 100, Code of Civil Procedure. (Para 3 )
4. Formulation of a question of law is a prerequisite for deciding a Second Appeal under Section 100, Code of Civil Procedure. (Para 3 )
5. High Court order set aside — matter remitted for fresh consideration after framing an appropriate question of law. (Para 3 )
6. Is the formulation of a question of law necessary for deciding a Second Appeal under Section 100 of the Code of Civil Procedure?
Yes, the court must formulate a question of law as contemplated under Section 100 of the Code of Civil Procedure before deciding the matter. (Para 3 )
(1) LEAVE granted.
(2) HEARD learned counsel for the parties.
(3) THIS appeal is directed against the order made by the High Court in a Second Appeal. Perusal of the judgment made by the High Court does not disclose that there is any formulation of question of law as contemplated under Section 100 of the Code of Civil Procedure before deciding the matter. The scope of Section 100 C.P.C. has been explained by this Court time and again and it is wholly unnecessary to refer to those decisions. In the circumstances of the case, we set aside the order made by the High Court and remit the matter to the High Court for fresh consideration after framing an appropriate question of law. The appeal is allowed
