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Criminal Procedure Code QUESTION #9533
Question 1
A suit for recovery is decreed in A's favour. B appeals to the District Court. The District Court dismisses the appeal. B files a second appeal to the High Court. The High Court does not formulate a substantial question of law at the time of admission. Judgment is delivered by the High Court in the second appeal. B argues that failure to formulate the substantial question of law at admission is a fatal procedural defect. Is this argument correct?
  • No; formulation of the substantial question of law is optional
  • Yes; under Section 100 CPC, the High Court is required to formulate the substantial question of law at the time of admitting the second appeal, and the appeal must be heard on that question; failure to do so is a jurisdictional error that can vitiate the High Court's judgment✔️
  • Yes; but it only affects the costs of the appeal
  • No; the High Court can formulate the question at any stage including during judgment
Correct Answer Explanation
Section 100 CPC mandates that the High Court shall formulate the substantial question of law before admitting a second appeal, and the appeal is to be heard on the question so formulated. This is a mandatory procedural safeguard. Failure to formulate the question at admission and then deciding on a question not formulated is a procedural irregularity that can be challenged.