Second appeals require a substantial question of law, and concurrent findings of fact cannot be disturbed except in narrow exceptions.

Section 100 CPC limits second appeals to cases involving a substantial question of law, which the appellant must identify and the High Court must formulate at admission before hearing the appeal. Such a question must be debatable, not settled by binding precedent, or arise where the court below has departed from settled legal principles. Concurrent findings of fact are ordinarily not open to interference, except in recognised cases such as ignoring material evidence, deciding on no evidence, misapplying the law in drawing inferences, or wrongly shifting the burden of proof. The High Court's order allowing the second appeal without first formulating the substantial question of law could not stand, and the matter was remitted for fresh consideration.

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Issues: Whether a second appeal under Section 100 of the Code of Civil Procedure, 1908 can be entertained or allowed without the High Court first formulating a substantial question of law, and the extent to which concurrent findings of fact may be interfered with in second appeal.

Analysis: The amended Section 100 CPC restricts second appeals to cases involving a substantial question of law. The memorandum of appeal must identify such a question, and the High Court must satisfy itself at admission that it exists and then formulate it for hearing. A substantial question of law is one that is debatable, not already settled by binding precedent, or one where the court below has acted contrary to settled legal principles. Mere appreciation of evidence, drawing of factual inferences, or reconsideration of concurrent findings of fact does not ordinarily justify interference. Interference is permissible only in recognised exceptions, such as ignoring material evidence, acting on no evidence, drawing wrong inferences by misapplying the law, or wrongly casting the burden of proof.

Conclusion: The High Court's order allowing the second appeal without first formulating the substantial question of law could not stand, and the matter had to be remitted for fresh consideration in accordance with Section 100 CPC.

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