The Supreme Court has reiterated the principle that a Second Appeal Can be allowed only when there exists a substantial question of law and not otherwise. 

The bench of Justice BV Nagarathna and Ujjal Bhuyan today while remanding a case to the High Court held that the Firt Appellate Court if the last court to find the findings of fact and the Court in the second Appeal can only considered if there exists a substential question of law under section 103 CPC.

The Court noted that the High Court has decided the Second Appeal in a manner as if First Appeal has been decided. The Court also said that in the second appeal the court has to first frame the question of law and then answer the same, otherwise it is bad in law.

The complete order of the Supreme Court is still awaited

Case Details:-

SLP (C) No. 12163/2023

BHAGYASHREE
Versus
NARENDRA@ NAGESH BHARMA HOLKAR AND ANR.