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Section 101: Second appeal on no other grounds

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 100 All 158 Sections of Code of Civil Procedure Section 102

Legal Commentary & Landmark Judgments: Section 101

Section 101 establishes an absolute statutory prohibition barring any second appeal from being entertained by the High Court except on the grounds specified in Section 100.

  • Exclusive Second Appeal Jurisdiction: No second appeal shall lie except on the grounds provided by Section 100.
  • Bar on Collateral Second Appeals: Prevents litigants from inventing equitable or common law grounds to invoke second appellate jurisdiction.
  • Substantial Question of Law Mandate: Requires an express formulation of a substantial question of law under Section 100 as an indispensable jurisdictional threshold.
Key Landmark Precedents:
  • Nazir Mohamed v. J. Kamala, (2020) 19 SCC 765: The Supreme Court authoritatively analyzed Section 101 and Section 100, holding that Section 101 strictly circumscribes High Court jurisdiction, prohibiting reappreciation of facts or interference with concurrent factual findings.
  • Hero Vinoth v. Seshammal, (2006) 5 SCC 545: The Supreme Court reiterated that under Section 101, the High Court cannot entertain a second appeal on grounds of factual error, howsoever gross, unless it translates into a substantial question of law.
Courtroom Practice & Strategic Litigation Guidance:

In resisting an admitted second appeal, invoke Section 101 to demonstrate that the appellant's grounds target concurrent findings of fact rather than genuine substantial questions of law, warranting dismissal in limine.

Section 100 All 158 Sections of Code of Civil Procedure Section 102