ES अपील से आप क्या समझते हैं? किस न्यायालय में और किन आधारों पर द्वितीय अपील की जा सकती है? क्या तथ्य से संबंधित प्रश्न द्वितीय अपील में उठाये जा सकते हैं? समझाइए।

 

Understanding the Term 'Appeal'

• An appeal is a legal process by which a party to a case requests a higher court to review and change the decision of a lower court.
• The purpose of an appeal is to ensure justice by correcting legal errors and interpreting the law correctly.
• Appeals are typically based on questions of law rather than on re-examining factual evidence.

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Second Appeal: Courts and Grounds for Institution

A second appeal is a further appeal that can be filed after the first appeal has been decided, subject to certain legal conditions.

1. Court for Second Appeal:

• A second appeal is filed in the High Court against the decision of a lower appellate court.
• It is governed by Section 100 of the Code of Civil Procedure (CPC), 1908.

2. Grounds for Second Appeal:

A second appeal can be instituted only on substantial questions of law, including:

• Misinterpretation of law or failure to apply the correct legal principles.
• Conflict of judicial precedents requiring clarification by a higher court.
• Jurisdictional errors by the lower courts.
• Perverse findings where a lower court’s conclusion is completely contrary to legal reasoning.
• Violation of principles of natural justice, such as denial of a fair hearing.

The High Court must be satisfied that a substantial question of law exists before admitting a second appeal.

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Can a Question of Fact be Raised in a Second Appeal?

• No, a second appeal cannot be filed on a question of fact.
• The High Court’s role is limited to determining whether the lower courts have correctly applied the law.
• However, an exception exists where findings of fact are perverse, meaning they are based on no evidence or are against the weight of the evidence. In such cases, the High Court may intervene.

Judicial Precedents:

• In Smt. Krishnawati v. Hans Raj (1974 SC), the Supreme Court held that factual findings of the lower courts are binding in second appeals unless there is a serious legal flaw.
• In Kondiba Dagadu Kadam v. Savitribai Sopan Gujar (1999 SC), the Court ruled that re-evaluation of evidence is not permissible in second appeals.

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Conclusion:

• Appeal is a process to seek review by a higher court.
• A second appeal can be instituted in the High Court only on substantial questions of law.
• Questions of fact cannot be raised in a second appeal unless they are perverse or based on no evidence.

This legal provision ensures that judicial hierarchy is maintained, and courts focus on legal errors rather than revisiting factual disputes repeatedly.