Explain the scope of second appeal as prescribed under the Code of Civil Procedure, 1908.

Question: Explain the scope of second appeal as prescribed under the Code of Civil Procedure, 1908. [HPJS 2019]

Find the answer to the mains question only on Legal Bites. [Explain the scope of second appeal as prescribed under the Code of Civil Procedure, 1908.]

Answer

The second appeal under the Code of Civil Procedure, 1908 (CPC), is a limited remedy available under Section 100 CPC, allowing a litigant to approach the High Court only when a substantial question of law is involved. Unlike a first appeal, which permits a complete review of facts and legal findings, a second appeal is restricted to legal issues that have a significant impact on the case. The Supreme Court in Kondiba Dagadu Kadam v. Savitkibai Sopan Gujar (AIR 1999 SC 2213) clarified that a second appeal cannot be entertained on mere equitable grounds but must raise a substantial question of law.

Key Provisions Governing Second Appeals:

• Section 100 CPC – Allows a second appeal only on a substantial question of law.
• Section 101 CPC – Prohibits second appeals purely on questions of fact.
• Section 102 CPC – Bars second appeals in cases where the value of the subject matter does not exceed ₹25,000.
• Section 103 CPC – Grants the High Court limited power to determine factual issues when necessary to decide a substantial legal question.

The Supreme Court in Santosh Hazari v. Purushottam Tiwari (2001 (3) SCC 179) explained that a ‘substantial question of law’ must be one that is real, essential, and significant, rather than a mere technical or academic issue.

Conditions for Filing a Second Appeal (Section 100):

1. Right to Appeal – A litigant can appeal against an appellate decree if the High Court certifies that a substantial question of law is involved.
2. Ex Parte Decree – An appeal can be made against an ex parte appellate decree.
3. Memorandum of Appeal – The appeal must explicitly state the legal question involved.
4. Formulation of Legal Question – The High Court must formally frame the substantial question of law before proceeding.
5. Limited Review – The appeal will be heard strictly on the framed question(s), though the High Court may, if necessary, consider additional legal issues.

The scope of a second appeal is narrow, ensuring that only cases involving significant legal questions reach the High Court. It plays a crucial role in refining legal principles, maintaining consistency in judicial interpretation, and rectifying serious legal errors that may have been overlooked in prior proceedings.