In Second Appeals, High Courts should typically formulate substantial questions of law during the admission stage itself : Supreme Court
On September 21, 2023, the Supreme Court ruled that High Courts, when handling Second Appeals under Section 100 of the Code of Civil Procedure, 1908, should typically formulate substantial questions of law during the admission stage. However, if these questions are formulated later, the Court must allow ample time for both parties to address them before making a decision.
In a case involving an appeal against a Second Appeal order by the Nagpur Bench of the Bombay High Court, the Supreme Court criticized the hasty disposal of the appeal without granting adequate hearing opportunities to the parties. The Court emphasized that the Second Appeal process should follow specific steps: framing substantial questions at admission, admitting the appeal for a hearing, and issuing a reasoned judgment after the hearing. In this case, these steps were not followed correctly.
The Supreme Court clarified that the framing of substantial questions of law is a crucial requirement for High Courts to exercise their jurisdiction in Second Appeals. If any changes are made to these questions, the Court must hear the parties before making a decision.
Furthermore, the Court stressed that High Courts can only interfere with findings of fact in exceptional circumstances, and when doing so, they must thoroughly review the Trial Court records. The Court noted that findings on facts cannot be reversed without a proper analysis of the evidence on record.
As a result, the Supreme Court set aside the High Court's judgment in the Second Appeal case and sent it back to the High Court for a fresh review.
Case Title: Suresh Lataruji Ramteke V. Sau. Sumanbai Pandurang Petkar, Civil Appeal No. 6070 Of 2023