Santosh Hazari v. Purushottam Tiwari
(2001) 3 SCC 179 · Supreme Court of India
A substantial question of law under section 100 must be of general public importance or one on which the decision of the case depends and which is fairly arguable.
Unit IV · Civil Procedure Code and Law of Limitation
First appeals, second appeals and letters patent
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Code of Civil Procedure, 1908 | 96 | Appeal from original decree |
| Code of Civil Procedure, 1908 | 100 | Second appeal on substantial question of law |
| Code of Civil Procedure, 1908 | 104–105 | Orders from which appeal lies |
| Code of Civil Procedure, 1908 | O. XLI | Appeals from original decrees |
Landmark cases
Kondiba Dagadu Kadam v. Savitribai Sopan Gujar
(1999) 3 SCC 722 · Supreme Court of India
The High Court cannot reverse concurrent findings of fact in second appeal as if it were a first appeal.
Shankar Ramchandra Abhyankar v. Krishnaji Dattatreya Bapat
AIR 1970 SC 1 · Supreme Court of India
Once a party has invoked a revisional or appellate jurisdiction, a second proceeding covering the same field may be barred as res judicata.