Case Note & Summary
The dispute arose from a suit filed by the respondent for declaration and injunction against the petitioner, which was initially decreed. The petitioner appealed, leading to the first appellate court dismissing the suit. The respondent then filed a regular second appeal under section 100 of the Code of Civil Procedure, 1908 (CPC), which the High Court admitted, formulating three substantial questions of law. The petitioner contested the admission, arguing that the case did not involve any substantial question of law. The High Court's order of admission was challenged in a special leave petition before the Supreme Court. The Supreme Court analyzed the nature of the order admitting the second appeal, clarifying that it is neither a final order nor an interlocutory order, and does not decide any issue but merely allows the appeal to be heard. The Court emphasized that under Article 136, special leave can be granted against judgments or orders that decide issues, but not against orders that do not resolve any matter. The Court noted a growing trend of special leave petitions against such non-orders and dismissed the petition, reiterating that the case did not present extraordinary circumstances warranting intervention. The final decision was to dismiss the special leave petition.
Headnote
A) Civil Procedure - Second Appeal - Admission of Second Appeal - Code of Civil Procedure, 1908, Section 100 - The admission of a second appeal does not constitute a final or interlocutory order, as it merely entertains the appeal for hearing without deciding any issue. The petitioner can argue that no substantial question of law arises during the hearing of the second appeal. Held that the special leave petition against such non-orders is dismissed (Paras 3-6).
Issue of Consideration
Whether the High Court's order admitting the second appeal constituted a final or interlocutory order under the Code of Civil Procedure, 1908.
Final Decision
The Supreme Court dismissed the special leave petition, clarifying that the admission of a second appeal does not constitute a final or interlocutory order and does not decide any issue.
Law Points
- Second appeal
- substantial questions of law
- Article 136
- non-final orders
- discretionary power
