Supreme Court: High Courts Must Give Reasons Before Framing Additional Questions of Law in Second Appeals

The Supreme Court mandated that High Courts must record reasons when framing additional substantial questions of law not originally raised in second appeals under the proviso to Section 100(5) CPC.

The Court emphasised that this power should be exercised only in exceptional circumstances and not routinely. It laid down principles that such questions must be grounded in pleadings, address fundamental legal issues, and provide parties with a fair opportunity to contest.

The bench, comprising Justices Ahsanuddin Amanullah and SVN Bhatti, set aside a Kerala High Court decision that framed an additional legal question without assigning reasons or party notice. The appeal was allowed accordingly.

(C.P. Francis v. C.P. Joseph and Others)