Nek Pal & Ors. vs Nagar Palika Parishad & Ors.

Court

Supreme Court of India

Date

26 July 2024

Case No.

Civil Appeal Nos. 8038-8039 of 2024

Result

Partly allowed

Bench

Abhay S. Oka, Augustine George Masih

Citation

[2024] 7 S.C.R. 1040 : 2024 INSC 574

Acts & Sections

CPC

Issue for consideration

Whether substantial questions of law are required to be formulated at the time of admission of a second appeal under Section 100 of the Code of Civil Procedure, 1908, or at any time subsequent thereto.

Headnote

Code of Civil Procedure, 1908 – Section 100 – Substantial question of law:

Held: Unless substantial questions of law are formulated at the time of admission of the appeal, or any time subsequent thereto, a second appeal cannot be finally heard – The reason is that a second appeal can be heard only on a substantial question of law formulated earlier – The act of finally hearing a second appeal without framing any substantial question of law is itself illegal – The High Court could have framed substantial questions of law, and heard the appeal after a few days, so that the Advocates had notice that the appeal will be heard on specific substantial questions of law. [Para 3]

Judgment Abhay S. Oka, J. 1. Leave granted. 2. Our attention is invited to the impugned judgment of the High Court in a Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, “the CPC”). Following is the relevant part of the impugned judgment: “Since no substantial question of law was formulated at the time of admission of the appeal on 30.5.2003, hence having heard the matter partially and during the course of arguments, in the presence of learned Counsels of both the parties, this Court confined itself to adjudicate the following substantial questions of law: 1

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