High Courts Are Required To Formulate Substantial Questions Of Law In A Second Appeal

Recently the Supreme Court in Kunjumuhammed and Anr. v Mariyumma (Civil Appeal No. 2771 of 2020), held that while hearing a second appeal, the High Court must frame the substantial question of law.

Background:

It is often seen that High Courts continue to allow second appeals without following the procedure prescribed inter alia under Section 100 (Second Appeals) of the Code of Civil Procedure, 1908 (CPC). In a few cases, it has also been seen that the appeals have been admitted without framing the substantial question of law and relying solely on the questions of law inserted in the memorandum of appeal by the respective parties. Such orders have been overruled by the Supreme Court from time to time with the exception of second appeals filed with the Punjab and Haryana High Court (in view of Section 41 of the Punjab Courts Act, 1918 which specifically does not require the High Court to frame a substantial question of law at the time of deciding a