SC: 2nd appeal can’t be allowed w/o framing a substantial question of law

Today, i.e. on 28th March 2019, the Hon’ble Supreme Court, in the matter of Chand Kaur (D) Thr. Lrs. v. Mehar Kaur (D) Thr. Lrs pronounced that if while allowing a second appeal, the High Court not does not frame any substantial question of law u/s 100 of the CPC, it commits a jurisdictional error.

The Hon’ble Supreme Court observed that:

The High Court has no jurisdiction to allow the second appeal without framing a substantial question of law as provided under Section 100 of the Civil Procedure Code. (Para 6)

The sine qua non for allowing the second appeal is to first frame the substantial question(s) of law arising in the case and then decide the second appeal by answering the question(s) framed. (Para 6)

Copy of judgment: Judgement_28-Mar-2019

-Tushar Kaushik

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