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High Court is not obliged to frame substantial question of law, in case, it finds no error in the findings recorded by the First Appellate Court    Nov 19, 2020

The Supreme Court of India in the case of KIRPA RAM VERSUS SURENDRA DEO GAUR & ORS has held that in a Second Appeal the High Court is not obliged to frame substantial question of law, in case, it finds no error in the findings recorded by the First Appellate Court - Supreme Court.


In para 23, the Hon'ble Supreme Court held as under:- "23. Sub-section (1) of Section 100 of the Code contemplates that an appeal shall lie to the High Court if it is satisfied that the case involves a substantial question of law. The substantial question of law is required to be precisely stated in the memorandum of appeal. If the High Court is satisfied that such substantial question of law is involved, it is required to formulate that question. The appeal has to be heard on the question so formulated. However, the Court has the power to hear appeal on any other substantial question of law on satisfaction of the conditions laid down in the proviso of Section 100 of the Code. Therefore, if the substantial question of law framed by the appellants are found to be arising in the case, only then the High Court is required to formulate the same for consideration. If no such question arises, it is not necessary for the High Court to frame any substantial question of law. The formulation of substantial question of law or reďż˝formulation of the same in terms of the proviso arises only if there are some questions of law and not in the absence of any  substantial question of law. The High Court is not obliged to frame substantial question of law, in case, it finds no error in the findings  recorded by the First Appellate Court. "


Copy of the judgment is attached     

 

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