HIGH COURT MUST ASSIGN REASONS FOR FRAMING ADDITIONAL QUESTION OF LAW IN SECOND APPEALS: SUPREME COURT LAYS DOWN PRINCIPLES

HIGH COURT MUST ASSIGN REASONS FOR FRAMING ADDITIONAL QUESTION OF LAW IN SECOND APPEALS: SUPREME COURT LAYS DOWN PRINCIPLES

On September 3, 2025, the Supreme Court of India emphasized that High Courts must record specific reasons when framing an additional substantial question of law in a second appeal under Section 100(5) of the Civil Procedure Code (CPC). This power is not to be exercised routinely but only in exceptional circumstances, ensuring that the High Court's discretion is exercised judiciously. The Court highlighted that such questions must be grounded in the parties' pleadings and the findings of lower courts, addressing issues fundamental to the case. The decision aims to maintain the balance between finality in litigation and the need to address significant legal questions that may have been overlooked.