Second Appeal

Jurisdiction to entertain Second Appeal.
Section 100 of Code of Civil Procedure provides the jurisdiction of High Court to entertain Second Appeal. It is confined to such appeals which involve a substantial question of law and it does not confer anyjurisdiction on the High Court to interfere with pure question of fact while exercising the jurisdiction u/s.100 CPC 1908.
Thus the memorandum of appeal shall precisely state substantial question of law involved in the appeal (s.100(3). High Court, if satisfied, shall formulate the question involved and hear the second appeal.
- Dharam Singh v. Karnail Singh, AIR 2009 SC 758

Note: The Supreme Court here reaffirms s.100(4)of CPC and alerts the High Courts that they should not dismiss the Second Appeal for merely not formulating the substantial question of law in the memorandum of appeal.