SECOND APPEAL

 

 

Today we will learn all about Second Appeal

 

The decree OR judgment passed by any appellate Civil Court in the first appeal can be challenged by way of a second appeal, before the Hon’ble High Court. If the case involves a substantial question of law . The second appeal can be filed even against an exparte decree/ judgment of the first appellate court.

The Second Appeal lies before high Court in respect of Suit when it has a Substantial Question of Law arises.

Or you have to raise a Substantial Question of Law

In a Second Appeal unless there is such a question you can’t substantiate your second Appeal .

Order of District court which turn into Second Appeal is a statutory provison provided under the Code of Civil Procedure under section 100

The Second Appeal must be filed within 90 days from the date on which the First Appellate Authority decision was actually received by the Appellant or within ninety days after expiry of 45 days of filing of First Appeal in cases where no reply has been received.

Difference between first and second Appeal :

A second appeal lies against a decree passed by a first appellate court, 3 The first appeal can be admitted on the grounds of question of fact, and question of law , or on a mixed question of fact and law, The second appeal can only be admitted only on the point of ' substantial question of law

Once the appeal is admitted it will come up on final Board, it may get 5 to7 years to get it listed before honble Court since it is admitted matter .

Second appeal is a remedy for those who have aggrieved by the District court Judgment.

 

The scope of this Subject is very vast but in short it has been explained.