Shivangi Prakash –
Published on August 03, 2021, at 2:17 PM
A second appeal, after its admission with the formulation of a substantial question of law, cannot be disposed of summarily, the Supreme Court observed in an order passed last week.
The bench of Justices Vineet Saran and Dinesh Maheshwari observed that once a second appeal is admitted, the High Court is satisfied that a substantial question of law is involved in the case and with the formulation of that question, the appeal is required to be heard in terms of Order 42 of Code of Civil Procedure.
In this case, the High Court had admitted the second appeal by the defendant (substituted by his legal representatives) and framed substantial questions of law.
Later, the same was dismissed. In appeal, the defendant contended that after having admitted the second appeal and having formulated substantial questions of law, was not justified in deciding the same in a summary manner by merely observing that the findings of the First Appellate Court called for no interference.
Agreeing with this contention, the bench said that summary disposal of the second appeal and that cannot be approved, because the second appeal had been admitted on specific questions.
“We are clearly of the view that the High Court, after having admitted the second appeal and having formulated substantial questions of law, could not have disposed of the same by only stating its satisfaction on the findings of the First Appellate Court without examining the relevant points arising from the submissions of the parties and without examining as to whether the First Appellate Court was justified in reversing the findings of the Trial Court.”, the Bench said agreeing with the defendant’s contention.
The Court said that under Section 100 CPC. admission of a second appeal while formulating substantial questions of law for consideration is a matter entirely different because, at that threshold stage, the High Court would be examining as to whether the case involves any substantial question of law or not.
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