This page provides a general drafting specimen for a Regular Second Appeal under Section 100 CPC. The original page was based on a case concerning alleged non-forest use of forest land; the sample below modernises both the civil-procedure drafting and the forest-law terminology. The source page itself was titled as a Section 100 CPC second-appeal format and contained a memorandum, grounds, valuation and prayer.
When Does a Second Appeal Lie Under Section 100 CPC?
Section 100 CPC permits an appeal to the High Court from an appellate decree of a subordinate court when the High Court is satisfied that the case involves a substantial question of law. An appeal can also lie from an appellate decree passed ex parte.
The memorandum must precisely state the substantial question of law. If satisfied that such a question is involved, the High Court formulates it, and the appeal is ordinarily heard on the question so formulated. Section 101 further provides that a second appeal does not lie on grounds other than those permitted by Section 100.
Illustrative Substantial Questions of Law
The questions must arise from the actual pleadings, evidence, findings and applicable law in the case. They should not be copied mechanically. Depending on the record, formulations may include:
Updated Regular Second Appeal Format
APPELLATE JURISDICTION
REGULAR SECOND APPEAL NO. [●] OF 20[●]
UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908
IN THE MATTER OF:
[Name of Appellant]
[Full address and description]
...Appellant
VERSUS
[Name of Respondent]
[Full address and description]
...Respondent
Memorandum of Regular Second Appeal Under Section 100 CPC
The Appellant above named respectfully submits as follows:
1. Parties and service. The addresses of the parties for service of notices and process are as stated in the cause title. The Appellant may also be served through counsel at [address / e-filing particulars, as applicable].
2. Impugned appellate decree. This Regular Second Appeal challenges the judgment and decree dated [date] passed by the Court of [First Appellate Court] in [Appeal No.], whereby [briefly state result].
3. Trial Court proceedings. The suit, being [Suit No.], was instituted before [Trial Court] for [nature of relief]. By judgment and decree dated [date], the Trial Court [decreed/dismissed/partly decreed] the suit.
Brief Facts
4. [Set out the material facts chronologically and concisely. Avoid evidence-by-evidence narration unless necessary to explain the substantial question of law.]
5. Aggrieved by the Trial Court judgment, [party] preferred the first appeal before [court]. The First Appellate Court, by the impugned judgment, [state its principal findings and operative result].
Substantial Questions of Law
The following substantial questions of law arise for consideration:
A. Whether [precisely frame question of law arising from the impugned judgment]?
B. Whether [second precise substantial question of law]?
C. Whether [additional question, if genuinely arising]?
Grounds
A. Because the impugned judgment proceeds on an erroneous interpretation of [statutory provision / binding legal principle], resulting in a substantial error of law.
B. Because the First Appellate Court failed to consider [material pleading/document/admission/finding], which goes to the root of the dispute and materially affects the legal conclusion.
C. Because the findings on [issue] are legally unsustainable for the reasons set out herein and give rise to the substantial questions of law formulated above.
D. Because [insert case-specific statutory or jurisdictional ground].
E. The Appellant craves leave to urge such additional grounds and substantial questions of law as may be permitted by this Hon'ble Court in accordance with law.
Limitation
6. The appeal is within limitation. [If delayed, state that the appropriate application for condonation of delay accompanies the appeal.]
Valuation and Court Fee
7. For the purposes of jurisdiction and court fee, the appeal is valued at Rs. [●], and the prescribed court fee of Rs. [●] is paid, subject to the applicable State court-fees law and High Court Rules.
Prayer
In these circumstances, the Appellant respectfully prays that this Hon'ble Court may be pleased to:
(a) admit the present Regular Second Appeal and formulate the substantial question(s) of law arising in the case;
(b) allow the appeal and set aside or suitably modify the judgment and decree dated [date] passed in [First Appeal No.] by [court] and grant the consequential relief warranted in law;
(c) grant such interim relief, if separately sought and legally permissible, as this Hon'ble Court may deem fit;
(d) award costs; and
(e) pass such other or further order as this Hon'ble Court may deem fit in the interests of justice.
AND FOR THIS ACT OF KINDNESS, THE APPELLANT AS IN DUTY BOUND SHALL EVER PRAY.
Place: [●]
Date: [●]
Filed Through
Advocate for the Appellant
Drafting and Filing Notes
- Frame substantial questions of law from the actual findings in the first appellate judgment; a disagreement about facts alone ordinarily does not satisfy Section 100 CPC.
- Identify the Trial Court decree and the First Appellate Court decree accurately, with case numbers and dates.
- Check the concerned High Court Rules for paper-book requirements, certified copies, synopsis, list of dates, vakalatnama, affidavits, court fee and e-filing requirements.
- Check limitation separately under the Limitation Act, 1963 and the applicable procedural rules.
- Where a special enactment governs the dispute, verify whether it restricts, modifies or excludes an appeal that might otherwise be available under the CPC.
- For commercial disputes, examine the special appellate structure under the Commercial Courts Act, 2015 instead of assuming that the ordinary CPC appellate route applies.
Disclaimer: This is a general specimen for legal-information purposes and is not a substitute for advice on the facts of a particular case. Court practice, local amendments and filing requirements may vary by State and High Court.