Santosh Hazari v Purushottam Tiwari (2001)

CPC & Limitation Act · Inherent Powers & Interlocutory Orders (ss.148–151, s.94)

Facts.

A second appeal was decided by the High Court without properly formulating a substantial question of law.

Issue.

What is a “substantial question of law” under s.100, and must the High Court formulate it?

Held.

A substantial question of law is one that is debatable, not previously settled, and material to the case; the High Court must formulate it before hearing a second appeal, else it acts illegally.

Why it matters.

It defines the gateway to every second appeal under s.100.

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