How The Court Determines A Question Of Law To Be Substantial With Reference To Second Appeal

Shivangi Gowthaman, Saveetha School of Law

ABSTRACT

The word “Appeal” has not been defined under the Code of Civil Procedure, 1908, but it can be said that any application by a party to an Appellate Court, asking it to set aside or revise a decision of a subordinate Court, is an appeal.1 Section 100 of The Civil Procedure Code, 1908, empowers the High Court to hear appeals from an appellate decree known as the “Second Appeal”. Through an amendment in 1977, substantial question of law was made as a condition precedent for a second appeal to be allowed. This article talks about what is a second appeal, how the Hon'ble Courts have interpreted “substantial question of law” and what constitutes and doesn’t constitute a substantial question law with examples of decided substantial question of law.