Case Summary
| Citation | Koppi Setty v. Ratnam v. Pamarti Venka 2007 RLR 27 (NSC) |
| Keywords | S 100 CPC Law Commission Report of 1973 |
| Facts | Appellant filed SLP in Supreme Court that High Court had no jurisdiction to set aside concurrent findings the Courts below U/S 100 of CPC and that also without formulating substantial question which is mandatorily required under the amended S. 100 of CPC. |
| Issues | Whether the high court can hear second appeal without finding substantial question of law ? |
| Contentions | |
| Law Points | As per section 100 of CPC : An appeal shall lie to the HC by any court subordinate to it, if the HC is satisfied that the case involves a substantial question of law. An appeal may lie from an appellate court under this section where judgment have been given ex-parte. The memorandum of appeal shall precisely state the substantial question of law. |
Ratio Decidendi & Case Authority | Formulation of substantial question is mandatory Section 100 of CPC, 1908 amended by the recommendation of law commission, 1973 which stated ‘Any rational system of law should have only hearing on question of fact, one by trial court and the other by its appellate court. Doctrine of finality’ prohibits subsequent appeal except when 2nd appeal is on question of law. An unqualified right of first appeal may be necessary for the satisfaction of a defeated litigant but a wide right of 2nd appeal is more luxury. There are several cases remained without decision in the HC, one of the reason is 2nd appeal are admitted without serious security of law. |
| Judgement |
Court set aside the high court decision and told to not accept any appeal without satisfaction of the existence of the question of law.
CASE DETAILS
Appellant filed SLP in Supreme Court that High Court had no jurisdiction to set aside concurrent findings the Courts below U/S 100 of CPC and that also without formulating substantial question which is mandatorily required under the amended S. 100 of CPC. Provision was amended because of report of Law Commission in 1973. Report said that any rational system of law should have only hearings on questions of facts, one by trial court and the other by 1st appellate Court as a search for absolute truth must be put under some reasonable restraint to reconcile it with the doctrine of finality. Finality is absolutely necessary to give certainty to law to avoid delay. All would agree that at a certain stage questions of facts decided by the courts should be allowed to rest without further appeal. It may be harsh to some litigants but is necessary in the larger interest. An unqualified right of first appeal may be necessary for the satisfaction of a defeated litigant but a wide right of 2nd appeal is more a luxury. Allowing 2nd appeal only on question of law is for having uniformity on legal issues in the whole State whose decisions on questions of law is binding on all subordinate Court, tribunals and authorities in the State and thus facilitates the predication of law. There are huge arrears in High Courts. Primary cause is the laxity with which 2nd appeals are admitted without serious scrutiny of law. It is the bounden duty of High Courts to admit 2nd appeal within scope of S. 100, CPC. which has been drastically curtailed and narrowed down. Now High Courts have jurisdiction only in a case where substantial questions of law are involved and those questions have been clearly formulated in the Memo of Appeal. At the time of admission of appeal High Court must formulate questions of law & appeal can be decided only on those questions. Legislative intent was clear as it never wanted 2nd appeal to become “third trial on facts” or “one more dice in the gamble.” A class of Judges had been believing that when there had been serious mis- appreciation of facts by lower court it is their duty to interfere in the interest of justice forgetting that justice has to be administered in accordance with law. Even a critical examination of S. 100 would not support interference of facts. It was concluded that “It is a mater of common experience in this court that despite clear enunciation of law in a catena of decisions of this Court, a large number of cases are brought to our notice where High Court u/s 100, CPC are disturbing the concurrent findings of facts without formulating the substantial question of law. We have cited only some cases and these can be easily multiplied further to demonstrate that this Court is further to demonstrate that this court is compelled to interfere in a large number of cases decided by High Courts U/S 100, CPC. Eventually this Court has to set aside these judgements of High courts and remit said cases for de novo deciding same after formulating, substantial questions of law. Unfortunately several years are lost in the processes. Litigants find it both extremely expensive and time consuming. This is one of reasons of delay in the administration of justice in civil matter. Case remitted for early decision.
