Rashmi Kant Vijay Chandra vs Baijnath Choubey & Company – 2024 INSC 688- S 100 CPC – Second Appeal

Code of Civil Procedure,1908; Section 100 – Second Appeal –High Courts are required to hear second appeals under Section 100 of the CPC only on the satisfaction that there exists a substantial question of law and the appeal has to be heard on the question so formulated -[In this case, while allowing appeal against judgment of HC in second appeal, SC observed:There is no question framed about lack of evidence, sub-letting or incorrect appreciation of facts by the learned First Appellate Court, on which the final finding of the High Court is returned. Furthermore, there is no discussion by the High Court, as to the reasons required for the departure from the substantial questions of law framed at the stage of admission or in the impugned order. The impugned judgment overturns the finding of fact of the First Appellate Court qua sub-letting without framing a substantial question of law in this regard at any stage. Therefore, in view of the above exposition of law and the foregoing discussion, the impugned order is liable to be set aside on this ground.]