No right of audience for respondent at the stage of framing substantial questions of law in second appeal

Section 100 CPC makes the High Court's satisfaction that a substantial question of law exists the basis for admitting a second appeal, while the respondent's opportunity to argue that no such question arises is reserved for the hearing under Section 100(5). Order 41 Rule 11 permits hearing the appellant and dismissing the appeal without notice to the respondent, and Rule 12 applies only if the appeal is not dismissed under Rule 11. The statutory scheme therefore does not confer a right of audience on the respondent at the stage of formulating substantial questions of law, and inherent powers cannot be used to alter that arrangement.

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Issues: Whether the respondent has a right to be heard at the initial stage when the High Court formulates substantial questions of law in a second appeal.

Analysis: Section 100 of the Code of Civil Procedure makes the High Court's satisfaction on the existence of a substantial question of law the basis for admission of a second appeal and requires the appellant to state such question in the memorandum of appeal. The respondent's right to contend that no substantial question of law arises is expressly placed at the hearing of the appeal under Section 100(5), not at the stage of formulation. Order 41 Rule 11 contemplates hearing the appellant and dismissal without notice to the respondent, while Order 41 Rule 12 operates only after the appeal is not dismissed under Rule 11. The statutory scheme therefore leaves no room for a respondent's audience at the preliminary stage, and inherent powers cannot be used to cut across this express arrangement.

Conclusion: The respondent has no right of audience at the stage of formulation of substantial questions of law, and the objection to hearing the respondent at that stage is rejected.

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