Supreme Court clarifies Section 100(5) CPC, mandating High Courts record reasons before framing additional questions of law in second appeals.
Case in NewsSupreme Court on framing additional question in appeals holds High Court must assign reasons . |
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Case Overview
Case Name: C.P. Francis vs. C.P. Joseph And Others
The Supreme Court, in a judgment authored by Justice SVN Bhatti and concurred by Justice Ahsanuddin Amanullah clarified the scope of Section 100(5) CPC while hearing a second appeal arising from the Kerala High Court . The High Court had framed an Additional Question of Law regarding the validity of a Will without recording reasons . This prompted the Supreme Court to settle principles governing such power .
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Key Aspects
The case revolved around the disputed validity of a joint family Will . The facts and issues included :
- The Will dated January 27, 2003 gave property rights to the appellant, subject to payments to siblings .
- Trial Court and First Appellate Court upheld the Will’s validity .
- The Kerala High Court overturned findings, holding the bequest void under Section 67 of the Indian Succession Act .
- The High Court introduced a new legal ground never pleaded or raised at trial .
Legal Insights
The Supreme Court clarified the legal framework surrounding Section 100(5) of CPC :
- High Court may frame an Additional Question of Law only in exceptional circumstances .
- Reasons must be mandatorily recorded while framing such a question .
- A new question must be based on pleadings and lower court findings .
- Opportunity must be given to both parties before deciding on the newly framed question .
- Power cannot be exercised routinely; it is a narrow, discretionary jurisdiction .
Court’s Verdict
Setting aside the Kerala High Court ruling, the Supreme Court held that the High Court erred by framing an Additional Question of Law without reasons . The appeal was allowed in favor of C.P. Francis .
Source – Supreme Court of India
Read also – Civil Procedure Code,1908
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