Second appeal jurisdiction limited to substantial questions of law; factual findings cannot be reopened by reappreciation of evidence.

In a second appeal under Section 100 CPC, the SC held that interference is confined to a substantial question of law and does not permit mere reappreciation of evidence or disturbance of factual findings. The Court found that the first appellate court had properly examined the oral and documentary record and reached a reasoned finding on adoption, with no ignored material evidence, perversity, or other recognised exception justifying second-appeal review. The High Court therefore exceeded its jurisdiction in entertaining and allowing the second appeal, and the first appellate court's decree was restored.

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Issues: Whether the High Court was justified in entertaining and allowing the second appeal without any substantial question of law, and in reappreciating findings of fact recorded by the first appellate court.

Analysis: A second appeal under Section 100 of the Code of Civil Procedure, 1908 lies only on a substantial question of law. The High Court cannot interfere merely by re-evaluating evidence or upsetting factual findings unless the case falls within recognised exceptions such as absence of evidence, ignoring material evidence, drawing perversely wrong inferences, or misapplying settled legal principles. On the record, the first appellate court had analysed the oral and documentary evidence and had reached a reasoned finding on adoption. No ignored material evidence, no perversity, and no legally sustainable substantial question of law were shown to exist in the second appeal.

Conclusion: The High Court exceeded the limits of its jurisdiction in second appeal; its judgment could not be sustained, and the first appellate court's decree was restored.

Ratio Decidendi: In a second appeal, interference is permissible only when a substantial question of law arises, and concurrent or appellate findings of fact cannot be disturbed by mere reappreciation of evidence.

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