Code of Civil Procedure, 1908
Sections 100 and 100A CPC: Second Appeal and No Further Appeal in Certain Cases
Sections 100 and 100A of the Code of Civil Procedure, 1908 regulate the scope of second appeals and the finality of certain appellate decisions of a Single Judge of a High Court. A second appeal under Section 100 is not a general rehearing on facts. The statutory requirement is the existence of a substantial question of law.
Section 100 CPC - Second Appeal
100. Second appeal.
(1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.
(2) An appeal may lie under this section from an appellate decree passed ex parte.
(3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.
(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.
When a Second Appeal Lies Under Section 100 CPC
A second appeal lies to the High Court only where the statutory requirement of a substantial question of law is satisfied. The memorandum of appeal must precisely identify that substantial question, and the High Court must formulate the question before hearing the appeal on it.
Second appeal from an ex parte appellate decree
Section 100(2) expressly permits a second appeal from an appellate decree passed ex parte, provided the requirements of Section 100 are otherwise satisfied.
Formulation of the substantial question of law
Where the High Court is satisfied that a substantial question of law arises, Section 100(4) requires the Court to formulate it. The appeal is ordinarily heard on the question so formulated, while the respondent remains entitled to contend that no such substantial question of law is involved.
Other substantial questions of law
The proviso to Section 100(5) preserves the High Court's power to hear another substantial question of law that was not originally formulated, provided the Court records reasons and is satisfied that the case involves that question.
Kerala State Amendment to Section 100 CPC
Kerala.
In sub-section (1) of section 100 of the Principal Act, after clause (c), the following clause shall be added, namely:
(d) the finding of the lower appellate court on any question of fact material to the right decision of the case on the merits being in conflict with the finding of the Court of first instance on such question.
[Vide Kerala Act 13 of 1957, section 4.]
The Kerala amendment above continues to be reproduced in the current India Code compilation. Its application should be considered together with the present central text, later amendments, and binding judicial interpretation applicable in Kerala.
Section 100A CPC - No Further Appeal in Certain Cases
100A. No further appeal in certain cases.
Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgment and decree of such Single Judge.
Meaning and Effect of Section 100A CPC
Section 100A begins with a non-obstante clause. Where an appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, the provision bars a further intra-court appeal from the judgment and decree of that Single Judge, notwithstanding Letters Patent or another instrument or law to the contrary.
Important: Second appeals are governed by the statutory text as applicable in the relevant jurisdiction, including valid State amendments and binding judicial interpretation. Court rules and special enactments may also affect appellate remedies in particular proceedings.