Section 100 CPC (second appeal)- High Court judgment in a second appeal set aside by the Supreme Court on the ground of non framing of substantial questions of law. In this case, Uttarakhand High Court framed a substantial question of law only to recall it later. Thereafter without framing a new substantial question of law, it disposed of the second appeal re-appreciating evidence. Supreme Court now set aside this HC judgment and directed it to consider the second appeal afresh. “if the appeal was entertained without framing substantial questions of law, then it would be illegal and would amount to failure or abdication of the duty cast on the court. Further, it was held that existence of substantial question of law is the sine qua non for exercise of power under Section 100, Code”, the court noted. –Ashok Kumar Goel vs Ram Niwas Goel – SLP(C) .6474-6475/2019.

Section 100 CPC (Second Appeal) – It is the practice and a mandatory requirement that at the time of admitting the regular second appeal, substantial question(s) of law must be framed, on the basis of which the arguments must be advanced and a decision given thereon.It is also permitted that once the arguments have been advanced, the court is at liberty to re-frame or frame fresh substantial questions of law and answer the same on hearing the learned counsel for the respective parties.” – Bhagyashree Anant Gaonkar vs Narendra @ Nagesh Bharma Holkar

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