second appeal
Meaning. An appeal to the High Court from an appellate decree, allowed only on a substantial question of law.
Under Section 100 of the CPC, a second appeal lies to the High Court from a decree passed in first appeal by a subordinate court, but only if the case involves a substantial question of law. The memorandum of appeal must state that question, the High Court must formulate it at admission, and the appeal is heard on that question. Findings of fact by the first appellate court are generally final.
A question is “substantial” if it is debatable, not settled by binding authority, and material to the decision. Section 100A bars a further appeal from the judgment of a single judge of the High Court in such appeals.
Example
Concurrent findings on possession could not be reopened in second appeal, since no substantial question of law arose.
In Indian law
- Sections 100 and 100A, Code of Civil Procedure, 1908
- Hero Vinoth v. Seshammal, 2006 INSC 305: what makes a question of law “substantial”
See also
Read more in the study notes
- Appeals: first appeals, second appeals, appeals from orders and appeals to the Supreme Court (Civil Procedure Code and Limitation Act)
- Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
- Arbitral award and setting aside under section 34 (Alternative Dispute Resolution Systems)
- Introduction to the CPC: procedural law, history and key definitions (Civil Procedure Code and Limitation Act)
- Judgment and decree: definitions, kinds, and Order XX (Civil Procedure Code and Limitation Act)
- Reference, review and revision; caveat, restitution and the inherent powers of the court (Civil Procedure Code and Limitation Act)