Civil Procedure Code, 1908

— S. 100 — Second appeal — Substantial question of law — What is — <169>Substantial<170> — Meaning of — Need for the substantial question of law to be of general importance, if any — That the substantial question of law was <169>involved in the case<170>, if sufficient — <169>Involved in the case<170> — Meaning of — Held, a question of law which affects rights of the parties to the suit will be substantial, if it is not covered by any specific provisions of law, or settled legal principle emerging from binding precedents of the High Court concerned, Privy Council, Federal Court or Supreme Court, and involves a debatable legal issue — A substantial question of law will also arise where the legal position is clear but the court below has decided the matter ignoring or acting contrary to such principle — However, the substantial question of law on which a second appeal shall be heard need not necessarily be a substantial question of law of general importance, but may only be one which was <169>involved in the case<170> — When a question of law would be <169>involved in a case<170>, explained — Held, an entirely new point raised for first time before High Court is not a question involved in the case unless it goes to root of the matter — Hence, it will depend on facts and circumstances of each case whether a question of law is a substantial one and involved in the case or not, the paramount overall consideration being to strike a judicious balance between the indispensable obligation to do justice and the impelling necessity of avoiding prolongation in life of any lis, (2006) 5 SCC 545-A

Civil Procedure Code, 1908

— S. 100 — Second appeal — Substantial question of law — Need for drawing of distinction with mere question of law or a substantial question of fact, clarified, (2006) 5 SCC 545-B

Civil Procedure Code, 1908

— S. 100 — Substantial question of law — Instances of — Held, inference or appreciation of facts from recitals or contents of a document are questions of fact — However, legal effect of terms of a document, or construction of document involving application of any principle of law, are questions of law — On facts, document creating easement by grant construed as easement of necessity — Effect — Held, such construal by courts below materially affected the decision in the case and certainly gave rise to a substantial question of law, (2006) 5 SCC 545-C

Civil Procedure Code, 1908

— S. 100 — Substantial question of law — Instances of — Assumption of jurisdiction not vesting in it by court, held, can be adjudicated in second appeal, treating it as a substantial question of law, (2006) 5 SCC 545-D

Civil Procedure Code, 1908

— S. 100 — Substantial question of law — Instances of — Judicial exercise of discretion, held, cannot be termed an error of either law or procedure to warrant interference in second appeal, (2006) 5 SCC 545-E

Civil Procedure Code, 1908

— S. 100 — Second appeal — Interference with concurrent findings of fact of courts below or reappreciation of evidence — When permissible and scope of — Reiterated, (2006) 5 SCC 545-F

Civil Procedure Code, 1908

— S. 100 — Second appeal — Maintainability — Conditions mentioned in S. 100 for hearing of, enumerated — Need for strict fulfilment of said conditions, reiterated and emphasised — Held, conditions mentioned in S. 100 must be strictly fulfilled before a second appeal can be maintained and no court has power to add to or enlarge those grounds — Second appeal cannot be decided on merely equitable grounds, (2006) 5 SCC 545-G

Property Law

Easements Act, 1882

— Ss. 13 and 41 — Easement of necessity and easement by grant — What are, nature and scope of and distinctions between — When extinguished — Partition — Grant of easementary access to particular portion — Subsistence of — Held, such easement by grant not extinguished if owner of said portion acquires alternate access, (2006) 5 SCC 545-H