Section 100 of CPC : Section 100: Second appeal.

Explanation using Example

Example 1:

Ravi owns a piece of land in Maharashtra. He files a civil suit against his neighbor, Suresh, claiming that Suresh has encroached on his land. The trial court rules in favor of Suresh. Dissatisfied with the decision, Ravi appeals to the District Court, which also rules in favor of Suresh. Ravi then decides to file a second appeal to the High Court of Bombay.

In his memorandum of appeal, Ravi states that the case involves a substantial question of law regarding the interpretation of property boundaries under the Indian Property Law. The High Court reviews the case and agrees that there is a substantial question of law involved. The High Court formulates the question and allows the appeal to be heard on this specific legal issue. During the hearing, Suresh is given the opportunity to argue that the case does not involve a substantial question of law. However, the High Court, after hearing both parties, decides to proceed with the appeal based on the formulated question.

Example 2:

Priya and Anil are involved in a dispute over the ownership of a family business in Delhi. The trial court rules in favor of Priya, and Anil appeals to the District Court, which also rules in favor of Priya. Anil then files a second appeal to the High Court of Delhi, claiming that the lower courts failed to consider a crucial legal principle regarding the division of family businesses under Hindu Succession Law.

Anil's memorandum of appeal clearly states the substantial question of law involved. The High Court examines the case and determines that the question of law is indeed substantial. The High Court formulates the question and schedules a hearing. During the hearing, Priya argues that the case does not involve a substantial question of law. However, the High Court, after considering the arguments, decides to hear the appeal on the formulated question. Additionally, the High Court identifies another substantial question of law during the proceedings and records its reasons for including this new question in the appeal.

Example 3:

Sunita files a civil suit against a construction company in Karnataka, alleging that the company has not fulfilled its contractual obligations. The trial court rules in favor of the construction company. Sunita appeals to the District Court, which also rules against her. Sunita then decides to file a second appeal to the High Court of Karnataka.

In her memorandum of appeal, Sunita states that the case involves a substantial question of law regarding the interpretation of certain clauses in the contract under the Indian Contract Act. The High Court reviews the case and agrees that there is a substantial question of law involved. The High Court formulates the question and allows the appeal to be heard on this specific legal issue. During the hearing, the construction company is given the opportunity to argue that the case does not involve a substantial question of law. However, the High Court, after hearing both parties, decides to proceed with the appeal based on the formulated question.

Example 4:

Rajesh and Meena are involved in a dispute over the custody of their child in Tamil Nadu. The trial court rules in favor of Meena, and Rajesh appeals to the District Court, which also rules in favor of Meena. Rajesh then files a second appeal to the High Court of Madras, claiming that the lower courts failed to consider a crucial legal principle regarding the best interests of the child under the Guardians and Wards Act.

Rajesh's memorandum of appeal clearly states the substantial question of law involved. The High Court examines the case and determines that the question of law is indeed substantial. The High Court formulates the question and schedules a hearing. During the hearing, Meena argues that the case does not involve a substantial question of law. However, the High Court, after considering the arguments, decides to hear the appeal on the formulated question. Additionally, the High Court identifies another substantial question of law during the proceedings and records its reasons for including this new question in the appeal.