The case Gokuldas v. Gopalakrishnan & Ors. (2023/KER/54349) is neutrally cited.


The Kerala High Court has observed that the substantial legal question on which a second appeal is to be addressed need not always be a substantial legal matter of public concern. A standard second appeal against the rulings of the Additional Munsiff, Thrissur, and Additional Sub-Judge was being considered by the Court. The appeal was submitted in compliance with Order XLII Rule 1 in conjunction with Section 100 of the Code of Civil Procedure (CPC).

It is evident that the legislature has decided not to limit the definition of “substantial question of law” by adding the phrase “substantial” to the end of the phrase. “of general importance,” as has been done in many other provisions, such as S.109 of the Code or Art.133(1)(a) of the Constitution. The substantial question of law on which a second appeal shall be heard need not necessarily be a substantial question of law of general importance.”

Brief Facts: The appellant was the first defendant in a lawsuit that the plaintiff brought as early as 2000 to partition the items on the plaint schedule. In response to the contest, Munsiff issued a preliminary decree, which was later followed by a final decree that took the commission report into account. After Munsiff rendered a final ruling and decree, the respondent was granted one plot. The first defendant and first respondent made no arguments challenging the allocation of shares in any way in the trial court’s final ruling.

The respondent objected to the share allocation when the appeal was reviewed by the Appellate Court, but the Court determined that no substantial objections had been made regarding the plot allocation or the property valuation that had been discussed in the trial court during the witnesses’ testimony, including the Commissioner and the Surveyor in this case.

The appeal was then denied by the Appellate Court. “In the instant case, it appears that the trial court passed a final decree and judgement after effecting separation of shares by metes and bounds, and the said final decree and judgement were confirmed by the Appellate Court,” the High Court stated after reviewing the comments made by the counsel.

The Court further decided that a second appeal involving no major question of law cannot be admitted, only for the purpose of submitting the parties to mediation. The Court noted that no substantial question of law arises for discussion in order to admit the second appeal. As a result, the High Court declined to get involved in the case and dismissed the appeal.

Adv. Khanak Sharma

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.

Disclaimer

The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.