Section 100 of CPC : Section 100: Second Appeal

Explanation using Example

Imagine a scenario where Mr. Sharma had a property dispute with Mr. Gupta. The trial court ruled in favor of Mr. Sharma, but Mr. Gupta appealed to the District Court. The District Court reversed the trial court's decision and ruled in favor of Mr. Gupta. Mr. Sharma believes the District Court has made a legal error in interpreting the law related to property rights. He decides to file a second appeal to the High Court under Section 100 of The Code of Civil Procedure, 1908.

Mr. Sharma's lawyer prepares a memorandum of appeal, clearly stating the substantial question of law involved, which is whether the District Court correctly applied the legal principles governing the inheritance of property in their decision. The High Court agrees that a substantial question of law is present and formulates the question for hearing. During the appeal, the High Court will focus on this question, but it may also consider other substantial questions of law that arise during the hearing, if they are satisfied that such questions are integral to the case's resolution.