⚖️ Legal Learning – Additional Substantial Question of Law in Second Appeals
📌 Key Principle:
It is mandatory for High Courts to record reasons when framing an additional substantial question of law not originally raised in a second appeal under the proviso to Section 100(5) of the Civil Procedure Code, 1908.
🔹 Key Points:
1️⃣ An additional substantial question of law must be grounded in pleadings and lower court findings.
2️⃣ The power to frame such a question is exceptional, not routine.
3️⃣ At least one substantial question of law must have been framed at the time of admission.
4️⃣ The High Court must be satisfied that the new question is a substantial question of law, not a mere legal plea.
5️⃣ The reason for framing the additional question must be recorded in writing.
6️⃣ The opposite party must be given a fair opportunity to contest the additional question of law.
Key Takeaway:
High Courts must exercise discretion carefully and provide proper justification when formulating an additional substantial question of law in a second appeal, ensuring the principles of natural justice and fair trial are upheld.
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