Supreme Court of India

Santosh Hazari v Purushottam Tiwari

(2001) 3 SCC 179; 2001 INSC 8020011 min read
The case in brief30-second read
Facts
The first appellate court reversed the trial court's findings on possession without dealing with its reasoning, and the High Court dismissed the second appeal.
Issue
The duty of a first appellate court, and what is a substantial question of law under S.100 CPC.
Held
A first appellate court must address all issues and give its own reasons, and when reversing it must deal with the trial court's reasoning. A substantial question of law must be debatable, not previously settled, and material to the decision; the High Court must formulate it before hearing a second appeal. The matter was sent back.
Principle
The first appeal is a full rehearing requiring reasons; a second appeal lies only on a properly framed substantial question of law.
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Facts

  • The first appellate court reversed the trial court's findings on possession without dealing with its reasoning, and the High Court dismissed the second appeal.

Issue

  1. The duty of a first appellate court, and what is a substantial question of law under S.100 CPC.

Held

  • A first appellate court must address all issues and give its own reasons, and when reversing it must deal with the trial court's reasoning. A substantial question of law must be debatable, not previously settled, and material to the decision; the High Court must formulate it before hearing a second appeal. The matter was sent back.

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Citation

Santosh Hazari v Purushottam Tiwari (2001) 3 SCC 179; 2001 INSC 80

Reported: https://api.sci.gov.in/jonew/judis/17589.pdf ; https://indiankanoon.org/doc/1396621/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.